Eric Garner v. NYC (2014): Understanding the $5.9 Million Settlement for Wrongful Death
“I can’t breathe.” These words, uttered eleven times by Eric Garner as he was being restrained by New York City Police Department (NYPD) officers on July 17, 2014, became a rallying cry against police brutality and racial injustice. Garner’s death, captured on video, sparked national outrage and led to a wrongful death lawsuit against the city, ultimately resulting in a $5.9 million settlement for his family. This blog post delves into the details of the Eric Garner case, the subsequent settlement, and its lasting impact on discussions surrounding police accountability and civil rights.
The Tragic Death of Eric Garner
On that fateful day in 2014, NYPD officers approached Eric Garner, a 43-year-old Black man, on Staten Island, New York, suspecting him of illegally selling loose cigarettes. A confrontation ensued, and Officer Daniel Pantaleo placed Garner in what appeared to be a chokehold, a maneuver prohibited by NYPD policy. As multiple officers pinned him down, Garner repeatedly pleaded, “I can’t breathe.” He lost consciousness and was later pronounced dead at a hospital.
The New York City Medical Examiner’s Office ruled Garner’s death a homicide, citing “compression of neck, compression of chest and prone positioning during physical restraint by police” as the cause. Asthma, heart disease, and obesity were listed as contributing factors. The video footage of the incident quickly went viral, igniting protests and demands for justice.
The Legal Aftermath: Grand Jury Decision and Civil Lawsuit
In December 2014, a Richmond County grand jury decided not to indict Officer Pantaleo on criminal charges. This decision fueled further protests and accusations of police brutality. In response, the Garner family announced their intention to file a wrongful death lawsuit against the City of New York, the police department, and several officers, seeking $75 million in damages.
The $5.9 Million Settlement: Acknowledgment of Wrongful Death
On July 13, 2015, the City of New York reached a $5.9 million out-of-court settlement with the Garner family. While the city did not admit liability, the settlement was widely viewed as an acknowledgment of the wrongful death and the pain and suffering endured by Garner’s family.
Wrongful Death Claims in New York
In New York, a wrongful death claim can be filed when a person’s death is caused by the negligence or misconduct of another party. The lawsuit is typically brought by the personal representative of the deceased’s estate on behalf of surviving family members, such as spouses, children, or parents.
Pecuniary Loss
The damages awarded in a wrongful death case are based on the “pecuniary loss” suffered by the surviving family members. This includes financial losses, such as loss of support, earnings, and services that the deceased would have provided. It can also include non-economic losses, such as loss of companionship and guidance.
Statute of Limitations
It’s important to note that New York has a statute of limitations of two years from the date of death to file a wrongful death lawsuit.
The Impact of the Eric Garner Case
The Eric Garner case had a profound impact on the national conversation about race, policing, and civil rights. His last words, “I can’t breathe,” became a rallying cry for the Black Lives Matter movement and a symbol of police brutality against Black individuals.
Police Reform and Accountability
Garner’s death led to increased scrutiny of police practices and calls for reform. In 2020, New York lawmakers passed the Eric Garner Anti-Chokehold Act, which made it a felony for a police officer to use a chokehold that causes serious injury or death.
Lingering Questions and Unresolved Issues
Despite the settlement and policy changes, some issues remain unresolved. Officer Pantaleo was not criminally charged and remained on the police force for several years before being fired in 2019 following an internal disciplinary trial. The U.S. Department of Justice also declined to bring federal civil rights charges against him.
Seeking Justice in Wrongful Death Cases
The Eric Garner case highlights the importance of seeking justice in cases of wrongful death. If you believe that a loved one’s death was caused by the negligence or misconduct of another party, it’s crucial to consult with an experienced personal injury attorney. A knowledgeable attorney can help you understand your legal rights, investigate the circumstances of the death, and pursue a wrongful death claim to recover compensation for your losses.
Who Can File a Wrongful Death Claim?
In New York, the following individuals typically have the right to file a wrongful death claim:
- Spouse
- Children
- Parents
- A representative of the deceased’s estate
Types of Compensation Available
A wrongful death lawsuit can help recover compensation for:
- Funeral and burial expenses
- Medical expenses
- Loss of the deceased’s expected future earnings
- Loss of services and support
- Loss of companionship
Conclusion
The Eric Garner case remains a stark reminder of the need for police accountability and the importance of protecting civil rights. While the $5.9 million settlement provided some measure of compensation to Garner’s family, it cannot fully address the pain and loss they have suffered. By understanding the legal aspects of wrongful death claims and seeking justice when appropriate, we can work towards preventing similar tragedies in the future.
If you have lost a loved one due to someone else’s negligence, seeking legal guidance is essential. Contact our firm today for a consultation to discuss your rights and options.