Eric Garner v. NYC (2014): A $5.9 Million Settlement for Wrongful Death and a Spark for Change
In July 2014, the death of Eric Garner at the hands of New York City police officers ignited a firestorm of controversy and debate across the nation. Garner’s last words, “I can’t breathe,” became a rallying cry for police reform and accountability. The tragic incident led to a $5.9 million settlement between Eric Garner’s family and New York City in 2015. While the settlement provided some financial relief to the family, it also raised questions about justice, police brutality, and the value of a life.
The Arrest and Death of Eric Garner
On July 17, 2014, Eric Garner was approached by NYPD officers on Staten Island, New York, under suspicion of selling untaxed cigarettes. A confrontation ensued, during which Officer Daniel Pantaleo placed Garner in a chokehold, a tactic prohibited by NYPD policy. A bystander’s video captured Garner repeatedly saying “I can’t breathe” as officers restrained him on the ground. Garner, who had asthma and other health issues, lost consciousness and was later pronounced dead at a local hospital. The medical examiner ruled Garner’s death a homicide, citing compression of the neck and chest, and prone positioning during physical restraint by police.
The Aftermath and Protests
The video of Eric Garner’s death went viral, sparking outrage and protests across the country. Activists and community members demanded justice for Garner and called for the indictment of Officer Pantaleo. The grand jury’s decision not to indict Pantaleo further fueled the protests and intensified the debate over police brutality and racial bias in law enforcement. Garner’s death became a symbol of the Black Lives Matter movement, highlighting the disproportionate impact of police violence on communities of color.
The $5.9 Million Settlement
In July 2015, New York City reached a $5.9 million settlement with Eric Garner’s family to resolve a wrongful death claim. The settlement was intended to compensate Garner’s family for their loss and avoid a lengthy and costly legal battle. While the city did not admit liability in the settlement, it acknowledged the tragic nature of Garner’s death and its impact on the city and the nation.
Wrongful Death Claims in New York
A wrongful death claim is a civil action brought by the family or estate of a person who died due to someone else’s negligence or misconduct. In New York, wrongful death lawsuits must be filed within two years of the date of death. These claims seek to provide financial compensation to the beneficiaries and dependents of a deceased person if his or her death was caused by another party’s reckless, careless, or negligent actions.
Damages Recoverable in Wrongful Death Cases
In New York, the damages recoverable in a wrongful death case are governed by state law. Unlike some jurisdictions, New York does not permit surviving family members to seek compensation for their own emotional distress or loss of companionship following the loss of a loved one. Damages commonly awarded include:
- Funeral and burial expenses
- Medical expenses related to the deceased’s final injury or illness
- Lost earnings and financial support the deceased would have provided to the family
- The value of household services the deceased would have provided
The Impact of the Eric Garner Case
The Eric Garner case had a profound impact on the national conversation about policing, race, and justice. It led to increased scrutiny of police tactics, particularly the use of chokeholds, and prompted calls for police reform and accountability.
Changes in NYPD Policing
In the wake of Garner’s death, the NYPD implemented several changes to its policies and training procedures. These included:
- Retraining all officers on de-escalation techniques
- Training officers on fair and impartial policing to recognize biases
- Equipping patrol officers with body cameras
- Requiring officers to detail their actions each time they used force
The Justice Department Investigation
The U.S. Department of Justice launched a civil rights investigation into Eric Garner’s death. However, in 2019, the Justice Department declined to bring federal charges against Officer Pantaleo.
The Firing of Officer Pantaleo
In August 2019, five years after Garner’s death, Officer Daniel Pantaleo was fired from the NYPD following an internal disciplinary trial. The administrative judge recommended that Pantaleo be fired for using a chokehold, which violated department procedures.
The Ongoing Debate and Calls for Reform
Despite the settlement, the changes in NYPD policies, and the firing of Officer Pantaleo, the debate over Eric Garner’s death and police brutality continues. Many activists and community members believe that more needs to be done to address systemic issues of racism and police misconduct. They continue to call for greater police accountability, transparency, and community involvement in policing.
Advice for Families Considering Wrongful Death Lawsuits
If you have lost a loved one due to the negligence or misconduct of another party, you may have grounds for a wrongful death lawsuit. It is essential to consult with an experienced personal injury attorney who can evaluate your case and advise you on your legal options. A wrongful death attorney can help you navigate the legal process, gather evidence, and pursue the compensation you deserve.
Key Considerations in Wrongful Death Cases
- Statute of limitations: Be aware of the statute of limitations for filing a wrongful death claim in your state. In New York, the statute of limitations is two years from the date of death.
- Eligible beneficiaries: Determine who is eligible to file a wrongful death claim on behalf of the deceased. In New York, the personal representative of the deceased’s estate typically files the claim.
- Damages: Understand the types of damages that are recoverable in a wrongful death case, such as funeral expenses, medical bills, lost earnings, and loss of companionship.
- Evidence: Gather as much evidence as possible to support your claim, including police reports, medical records, witness statements, and photographs.
Conclusion
The Eric Garner case serves as a stark reminder of the need for police reform and accountability. While the $5.9 million settlement provided some measure of justice for Garner’s family, it did not fully address the underlying issues of police brutality and racial bias. By continuing to raise awareness, advocate for change, and hold law enforcement accountable, we can work towards a more just and equitable society for all.