• Video
  • Shop
  • Culture
  • Family
  • Wellness
  • Food
  • Living
  • Style
  • Travel
  • News
  • Book Club
  • Newsletter
  • Privacy Policy
  • Your US State Privacy Rights
  • Children's Online Privacy Policy
  • Interest-Based Ads
  • Terms of Use
  • Your Privacy Choices
  • Contact Us
  • Recalls and Product Safety Alerts
  • © 2026 ABC News
  • News

Daniel Penny hit with new civil lawsuit from Jordan Neely's father amid criminal trial

4:53
Jury 'unable to come to a unanimous vote' on Daniel Penny manslaughter charge
Spencer Platt/Getty Images
ByKiara Alfonseca, Aaron Katersky, and Peter Charalambous
December 05, 2024, 6:08 PM

The father of Jordan Neely, a homeless man who died after being placed in a chokehold by subway rider Daniel Penny, filed a civil lawsuit against Penny on Wednesday for negligent contact, assault and battery that led to Neely’s death.

Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny's attorneys calling Neely "insanely threatening," when Penny put Neely in a chokehold.

The city's medical examiner concluded Penny's chokehold killed Neely.

“The aforesaid incident, injuries, and death were caused by reason of defendant Daniel Penny’s negligence,” the lawsuit alleged.

Neely’s father, Andre Zachery, requested damages “in such sum as a jury may find reasonable, fair, and just.”

Related Articles

MORE: Clubhouses offer potential solutions for those with severe mental illness

Penny is currently on trial for manslaughter and criminally negligent homicide in Neely's May 2023 death. Penny, 25, pleaded not guilty to the charges.

The jury is currently deliberating the criminal trial.

Related Articles

MORE: Daniel Penny's subway chokehold trial: The key takeaways

Zachery is present in court this morning, seated alone in the courtroom gallery a few rows back from the jury box.

“Our legal team remains focused on seeing Mr. Penny’s criminal case through to acquittal," Penny's attorneys told ABC News in a statement. "We have yet to be served with any civil action, but will respond accordingly in due course.”

Up Next in News—

New report says only 6% of adults are eating enough fiber: How to eat more

October 2, 2026

Texas zoo welcomes first Sumatran tiger cubs

October 2, 2026

Lindsay Clancy judge denies motion to force not guilty finding

October 1, 2026

New report looks at how AI is impacting trust between students and teachers

September 30, 2026

Shop GMA Favorites

ABC will receive a commission for purchases made through these links.

Sponsored Content by Taboola

The latest lifestyle and entertainment news and inspiration for how to live your best life - all from Good Morning America.
  • Contests
  • Terms of Use
  • Privacy Policy
  • Your Privacy Choices
  • Children’s Online Privacy Policy
  • Advertise with us
  • Your US State Privacy Rights
  • Interest-Based Ads
  • About Nielsen Measurement
  • Press
  • Feedback
  • Shop FAQs
  • ABC News
  • ABC
  • All Videos
  • All Topics
  • Sitemap
  • Recalls and Product Safety Alerts

© 2026 ABC News
  • Privacy Policy— 
  • Your US State Privacy Rights— 
  • Children's Online Privacy Policy— 
  • Interest-Based Ads— 
  • Terms of Use— 
  • Your Privacy Choices— 
  • Contact Us— 
  • Recalls and Product Safety Alerts— 

© 2026 ABC News