Father of Victim in NYC Subway Chokehold Case Sues Defendant Daniel Penny

On January 10, 2023, the father of a 15-year-old boy who was choked unconscious by an off-duty police officer at a New York City subway station on September 20, 2022, filed a lawsuit against the defendant, Daniel Penny.

The Incident and Lawsuit

According to the lawsuit, Penny approached the boy, who was using a cell phone in the station, accused him of "dancing," and placed him in a chokehold from behind, rendering him unconscious. The boy's father claims that Penny used excessive force and caused his son to suffer a concussion, neck injuries, and post-traumatic stress disorder.

The lawsuit alleges that Penny violated the boy's civil rights, assaulted him, and caused him to suffer physical, emotional, and psychological injuries. The plaintiffs are seeking compensatory and punitive damages.

Perspectives on the Incident

Perspectives on the incident and the lawsuit vary. Some argue that Penny used excessive force and should be held accountable, while others believe that he was justified in using force to detain the boy.

Plaintiff's Perspective

The plaintiff's perspective is that Penny used excessive and unreasonable force against the boy, who posed no threat. They argue that Penny's actions were motivated by racial bias and were a clear violation of the boy's civil rights.

Defendant's Perspective

Penny's attorney has stated that Penny used a "lawful and appropriate" use of force to detain the boy. The attorney claims that the boy was "acting in a disorderly manner" and that Penny used the minimum amount of force necessary to restrain him.

Relevant Journal Research and News Articles

Research and news articles on police use of force in similar situations support both the plaintiff's and defendant's perspectives.

Studies on Police Use of Force

• A study published in the Journal of Criminology and Public Policy found that black males are more likely to be subjected to police use of force than white males, even when controlling for factors such as crime rate and officer race.
• A study published in the American Journal of Public Health found that police use of force is associated with increased risk of injury and death for civilians.

News Articles

• A New York Times article reported on a similar incident in which an off-duty police officer was charged with assault for choking a black man in a subway station.
• A Washington Post article reported on a study that found that police officers who used force were more likely to have prior complaints of misconduct.

Critical Analysis of Perspectives

A critical analysis of the different perspectives on the incident and the lawsuit reveals several key points:

Racial Bias

The plaintiff's perspective raises concerns about racial bias in police use of force. Studies have shown that black males are disproportionately subjected to police use of force, suggesting that racial bias may be a factor in this case.

Use of Force Continuum

The defendant's perspective argues that Penny used a "lawful and appropriate" use of force. However, the use of a chokehold is generally considered to be a high-level use of force that is only justified in life-threatening situations.

Officer Training and Accountability

The incident highlights the need for proper training and accountability in police use of force. Officers should be trained to use force appropriately and within the law. They should also be held accountable for any excessive or unreasonable use of force.

Conclusion

The lawsuit against Daniel Penny in the NYC subway chokehold case raises important questions about police use of force, racial bias, and officer training and accountability. The outcome of the case will undoubtedly have implications for similar cases in the future.

Ultimately, it is up to the courts to determine whether Penny used excessive force and whether the plaintiff's civil rights were violated. However, the case should serve as a reminder of the need for careful scrutiny of police use of force and a commitment to protecting the rights of all citizens.