Jordan Neely's father filed the case last week seeking monetary damages.
With Daniel Penny’s criminal trial in the rearview mirror, public attention is likely to turn to a civil case that was filed last week by the father of the man he was accused of killing, Jordan Neely.Monday of charges that he caused Neely’s death when he held him in a chokehold for several minutes on an uptown F train this spring. Witnesses said Neely, a former Michael Jackson impersonator who had schizophrenia, started yelling threats after he boarded the train.
According to lawyers who specialize in wrongful death cases, the civil lawsuit has the potential to bring a sense of justice for those disappointed in the jury’s verdict in the criminal case. “It's a lighter burden,” said Fredrick Brewington, a civil rights lawyer. “It's a prosecution that's done not for any form of jail or anything, but a monetary award.”
Another key difference between criminal and civil trials is that Penny may not have the luxury of using the right to not testify in court at a civil trial, experts said.
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