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Jordan Neely’s father is suing Daniel Penny over New York subway death – Tan Hero

Jordan Neely’s father is suing Daniel Penny over New York subway death – Tan Hero

2 min read 09-12-2024
Jordan Neely’s father is suing Daniel Penny over New York subway death – Tan Hero

Jordan Neely's Father Sues Daniel Penny Over Subway Death: A Case of Self-Defense or Excessive Force?

The death of Jordan Neely, a 30-year-old unhoused man, on a New York City subway train has sparked widespread outrage and a legal battle. Neely's father, Christopher Neely, has filed a wrongful death lawsuit against Daniel Penny, the former Marine who put Neely in a chokehold, ultimately leading to his death. The case has become a flashpoint in the ongoing national debate surrounding homelessness, mental health, and the use of force by civilians.

The incident, which occurred on May 1, 2023, was captured on video and quickly went viral. The footage shows Neely, reportedly experiencing a mental health episode, shouting and making threats on the train. Penny, along with two other passengers, intervened, with Penny ultimately subduing Neely with a chokehold that lasted several minutes. Neely was pronounced dead at the scene.

Penny's supporters argue he acted in self-defense, claiming Neely posed a threat to the passengers. They point to Neely's aggressive behavior and alleged threats as justification for Penny's actions. Furthermore, they highlight the perceived lack of response from authorities, suggesting Penny acted to protect himself and other commuters. This narrative frames Penny as a "Good Samaritan," acting decisively in a dangerous situation.

However, critics argue that Penny used excessive force and that his actions constituted a violation of Neely's civil rights. They emphasize the disparity in size and strength between Neely and Penny, suggesting the chokehold was unnecessary and lethal. Furthermore, they question whether a chokehold was the appropriate response to Neely's mental health crisis. The lack of immediate medical attention for Neely after the incident has also been a subject of criticism. This perspective casts Penny's actions as an unlawful killing, highlighting the potential for deadly consequences when untrained individuals intervene in situations involving mental illness.

The lawsuit filed by Christopher Neely seeks unspecified damages, alleging wrongful death and negligence. The case hinges on whether a jury will find Penny acted in self-defense or whether his actions were excessive and unlawful. Legal experts point to the complexity of the case, given the multiple perspectives and the presence of conflicting evidence. The prosecution's decision to present the case to a grand jury, which ultimately declined to indict Penny, further complicates the narrative.

Beyond the legal aspects, the case raises broader societal questions. It underscores the challenges faced by individuals experiencing homelessness and mental illness within the criminal justice system and public spaces. The incident has reignited conversations about the need for improved mental health services, better support for the unhoused population, and a reevaluation of civilian intervention in such situations. The outcome of the lawsuit will undoubtedly have implications for future cases involving similar circumstances and will further fuel the ongoing debate surrounding self-defense, excessive force, and the complex interplay of mental health and public safety. The “Tan Hero” moniker applied to Penny has itself become a point of contention, emphasizing the polarizing nature of this tragic event.

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