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$75 million suit over NYC chokehold death planned

FILE - In this July 19, 2014, file photo, Esaw Garner, center, wife of Eric Garner, breaks down in the arms of Rev. Herbert Daughtry and Rev. Al Sharpton, right, during a rally at the National Action Network headquarters for Eric Garner in New York. The city medical examiner ruled that Garner died as a result of a police chokehold during an attempted arrest. Garner's family has filed a notice of claim to sue New York City, the Police Department and six individual police officers for $75 million on Monday, Oct. 6. The notice is the first step toward suing the city over Garner's death on Staten Island in July. A spokesman for city Comptroller Scott Stringer said Tuesday, Oct. 7 the claim is under review. (AP Photo/John Minchillo, File) FILE - In this July 19, 2014, file photo, Esaw Garner, center, wife of Eric Garner, breaks down in the arms of Rev. Herbert Daughtry and Rev. Al Sharpton, right, during a rally at the National Action Network headquarters for Eric Garner in New York. The city medical examiner ruled that Garner died as a result of a police chokehold during an attempted arrest. Garner's family has filed a notice of claim to sue New York City, the Police Department and six individual police officers for $75 million on Monday, Oct. 6. The notice is the first step toward suing the city over Garner's death on Staten Island in July. A spokesman for city Comptroller Scott Stringer said Tuesday, Oct. 7 the claim is under review. (AP Photo/John Minchillo, File)

By Associated Press October 7, 2014 1 min read

NEW YORK (AP) – The family of a man who died after being placed in a police chokehold has filed a notice of claim to sue New York City, its police department and six officers for $75 million.

Eric Garner’s family filed the notice on Monday. The notice is the first step toward suing the city over the 43-year-old Garner’s death on Staten Island in July.

A spokesman for city Comptroller Scott Stringer said Tuesday the claim is under review.

The city’s Law Department says it will review the claim thoroughly. The police department hasn’t returned an email seeking comment.

The city’s medical examiner found a banned chokehold used by an officer contributed to Garner’s death.

Garner was asthmatic. He could be heard on an amateur video shouting, “I can’t breathe!”

A grand jury will determine whether criminal charges are filed in Garner’s death.