Fired NYPD officer files suit against New York City

Former New York Police Department officer Daniel Pantaleo is suing New York City, the NYPD and its commissioner James O’Neill over his termination related to the 2014 death of Eric Garner, Pantaleo’s attorney told CNN.

Pantaleo was accused of fatally choking Garner.

The former officer was fired in August after being found guilty in a disciplinary trial of using a chokehold on Garner. The New York man’s final words, “I can’t breathe,” became a rallying cry for the Black Lives Matter movement.

Attorney Stuart London told CNN he filed court documents on behalf of Pantaleo on Wednesday in state Supreme Court in Manhattan.

“We will have many arguments, not the least of which will be the ridiculousness of the reckless assault convictions ... in which all of his contacts with Mr. Garner were appropriate and taught in the academy,” London said. He said that Pantaleo never put any pressure on Garner’s neck and that he likely died from either a lung or heart condition.

The NYPD referred CNN to the New York City Law Department for comment.

A spokesman for the law department told CNN it “will defend the Administrative Law Judge’s finding and recommendation and the Police Commissioner’s decision.”

The Rev. Al Sharpton of the National Action Network was critical of the decision to file the lawsuit.

“Pantaleo’s decision to seek his reinstatement is not only disrespectful to the Police Commissioner and NYPD, but also the Garner family,” Sharpton said in a statement.