Eric Garner v. NYC (2014),$5.9 million settlement for wrongful death

Eric Garner v. NYC (2014): Understanding the $5.9 Million Settlement for Wrongful Death

The tragic death of Eric Garner in 2014 sparked a national conversation about police brutality and the use of force. Garner’s final words, “I can’t breathe,” became a rallying cry for the Black Lives Matter movement. While the legal proceedings surrounding his death were complex, a significant milestone was the $5.9 million settlement reached between his family and the City of New York. This blog post will delve into the details of this settlement, its implications, and the broader context of wrongful death cases in New York.

The Incident: A Fateful Encounter

On July 17, 2014, Eric Garner, a 43-year-old Black man, was approached by NYPD officers in Staten Island on suspicion of selling untaxed cigarettes. A confrontation ensued, during which Officer Daniel Pantaleo placed Garner in a prohibited chokehold. Despite Garner’s repeated pleas that he couldn’t breathe, the officers continued to restrain him. This resulted in Garner losing consciousness and ultimately dying. The incident was captured on video, which went viral and ignited widespread outrage and protests.

The Wrongful Death Lawsuit

Following Garner’s death, his family announced their intention to file a wrongful death lawsuit against the City of New York, the police department, and several officers. Initially, they sought $75 million in damages. The lawsuit alleged that the officers’ actions were negligent and resulted in Garner’s unlawful death. A wrongful death lawsuit is a civil action brought by the family of a deceased person against those responsible for their death, seeking compensation for their losses. In New York, these losses can include financial support the deceased would have provided, funeral expenses, and the emotional pain and suffering of the family.

The $5.9 Million Settlement

On July 13, 2015, the City of New York reached an out-of-court settlement with the Garner family for $5.9 million. This settlement came just days before the one-year anniversary of Garner’s death. While the city did not admit liability, the settlement acknowledged the tragic nature of the incident. It’s important to note that Garner’s widow had previously rejected a $5 million settlement offer, indicating the family’s desire for both financial compensation and accountability.

Why Settle?

Settling a wrongful death case can be a complex decision. For the Garner family, it provided a measure of financial security and closure, avoiding the uncertainty and lengthy process of a trial. For the city, settling avoided the potential for a larger jury award and the continued negative publicity associated with the case. However, as the family’s attorney stated, “Money is not reform,” and settling the case meant giving up the right to pursue policy changes through litigation.

The Aftermath: A Call for Police Reform

The Eric Garner case became a flashpoint in the national debate about police brutality and racial injustice. Garner’s dying words, “I can’t breathe,” became a rallying cry for the Black Lives Matter movement. The case highlighted the use of excessive force by law enforcement and the need for police reform. While the settlement provided financial compensation, it did not address the underlying issues of police accountability and systemic racism.

Key Legal and Procedural Aspects

Several legal and procedural aspects of the Eric Garner case are worth noting:

  • Chokeholds: The use of chokeholds was already banned by the NYPD at the time of Garner’s death, making Officer Pantaleo’s actions a clear violation of department policy.
  • Grand Jury Decision: A Staten Island grand jury declined to indict Officer Pantaleo, sparking further outrage and protests.
  • Federal Investigation: The U.S. Department of Justice also investigated the case but ultimately declined to bring federal civil rights charges against Pantaleo, stating that there was insufficient evidence to prove he acted willfully in violation of the law.
  • Departmental Trial: Pantaleo was eventually fired by the NYPD in 2019, following a departmental trial.
  • Judicial Inquiry: In 2021, a judicial inquiry was held to establish a record of the case, though it did not seek to find anyone guilty or innocent.

Wrongful Death Settlements in New York

The $5.9 million settlement in the Eric Garner case is a significant amount, but it’s important to understand the context of wrongful death settlements in New York. The value of a wrongful death case depends on various factors, including the deceased’s age, earning potential, and the emotional impact on the family. Some wrongful death cases in New York have resulted in settlements ranging from a few million dollars to over $20 million.

The Impact on Police Reform

While the settlement provided some financial relief to the Garner family, the case’s impact on police reform is more complex. In the years since Garner’s death, the NYPD has implemented new training programs, including de-escalation techniques and bias training. The department has also equipped officers with body cameras. However, critics argue that these reforms have not gone far enough and that issues of police misconduct and lack of transparency persist.

Moving Forward

The Eric Garner case remains a powerful reminder of the need for police accountability and systemic change. While the $5.9 million settlement provided a measure of closure for his family, the fight for justice and police reform continues. The case serves as a stark example of the devastating consequences of police brutality and the importance of holding law enforcement accountable for their actions.

Seeking Legal Advice

If you or a loved one has been affected by a wrongful death due to negligence or misconduct, it’s crucial to seek legal advice from an experienced personal injury attorney. They can help you understand your rights, navigate the legal process, and pursue the compensation you deserve.


This blog post provides a comprehensive overview of the Eric Garner v. NYC case and the $5.9 million settlement. It highlights the complexities of wrongful death lawsuits, the importance of police reform, and the ongoing fight for justice. If you have any questions or would like to discuss a potential case, please contact our firm for a consultation.