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The father of Jordan Neely, the man who allegedly died from being placed in a choke hold by former Marine Daniel Penny, sued Penny on Wednesday for negligence and assault that resulted in the death of his son.

Penny is currently standing trial on manslaughter charges over Neely’s death. Penny had placed Neely in a chokehold on a subway in New York City last year, after he stormed into the subway car with synthetic drugs in his system and allegedly shouted death threats at passengers. 

Neely’s father Andre Zachary accused the former marine of negligence, assault and battery in the lawsuit, which was filed in New York’s Supreme Court. 

Zachary is seeking damages “in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction,” according to the Associated Press.

The former marine has denied any wrongdoing in the case, and argued that he was worried about the safety of other passengers in the subway car when he jumped on Neely and placed him in the chokehold. 

Penny’s lawyer Steven Raiser said his client has not been served with the lawsuit yet, but dismissed the complaint as a distraction while the jury is still in deliberations. 

“The timing is unfortunate as Danny is awaiting a verdict from the jury where the potential consequences are far greater than any civil suit could threaten,” Raiser told the AP. “We will not be distracted by this attempt to attack Danny while he is under such tremendous stress.”

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage