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Eric Garner

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Who was Eric Garner?

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Eric Garner (September 15, 1970 – July 17, 2014) was a horticulturist at the New York City Department of Parks and Recreation before quitting for health reasons. Garner was married to Esaw Garner and has been described by his friends as a "neighborhood peacemaker" and a generous, congenial person. He was the father of six children, had three grandchildren, and at the time of his death had a 3-month-old child.

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What happened to him?

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On July 17, 2014, Eric Garner died in the New York City borough of Staten Island after Daniel Pantaleo, a New York City Police Department (NYPD) officer, put him in a chokehold while arresting him.

NYPD officers approached Garner on July 17 on suspicion of selling single cigarettes from packs without tax stamps. After Garner told the police that he was tired of being harassed and that he was not selling cigarettes, the officers attempted to arrest Garner. When Officer Pantaleo placed his hands on Garner, Garner pulled his arms away. Pantaleo then placed his arm around Garner's neck and wrestled him to the ground. With multiple officers pinning him down, Garner repeated the words "I can't breathe" 11 times while lying face down on the sidewalk. After Garner lost consciousness, officers turned him onto his side to ease his breathing. Garner remained lying on the sidewalk for seven minutes while the officers waited for an ambulance to arrive. Garner was pronounced dead at an area hospital approximately one hour later.

What happened with his case?

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At the time of Garner's death, Daniel Pantaleo was a 29-year-old New York City Police Department officer living in Eltingville, Staten Island. He joined the NYPD in 2006. Pantaleo was the subject of two civil rights lawsuits in 2013 where plaintiffs accused him of falsely arresting them and abusing them. In one of the cases, he and other officers allegedly ordered two black men to strip naked on the street for a search and the charges against the men were dismissed. 

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On December 4, 2014, a Richmond County grand jury decided not to indict Officer Pantaleo. This decision stirred public protests and rallies, with charges of police brutality made by protesters. By December 28, 2014, at least 50 demonstrations had been held nationwide in response to the Garner case, while hundreds of demonstrations against general police brutality counted Garner as a focal point. On July 13, 2015, an out-of-court settlement was announced in which the City of New York would pay the Garner family $5.9 million. In 2019, the U.S. Department of Justice declined to bring criminal charges against Pantaleo under federal civil rights laws. A New York Police Department disciplinary hearing regarding Pantaleo's treatment of Garner was held in the summer of 2019; on August 2, 2019, an administrative judge recommended that Pantaleo's employment be terminated. Pantaleo was fired on August 19, 2019, more than five years after Garner's death 

 

On December 3, 2014, after the grand jury decided not to indict Pantaleo, the Department of Justice announced it would conduct an independent investigation. In January 2015 it was reported that the FBI's New York Field Office was reviewing the incident and events thereafter. The investigation was overseen by local United States Attorney Loretta Lynch until she became the US Attorney General. The local FBI investigators and federal prosecutors determined that charges should not be brought in the case, prompting strong disagreement from attorneys in the Washington, D.C. office of the United States Department of Justice Civil Rights Division. In October 2016, Attorney General Lynch removed the local FBI agents and federal prosecutors from the case, replacing them with agents from outside New York. Lynch's intervention has been called "highly unusual". In 2017, ThinkProgress obtained anonymously and published Pantaleo's police department disciplinary records, showing that Pantaleo had "seven disciplinary complaints and 14 individual allegations lodged against him. Four of those allegations were substantiated by an independent review board." He was found guilty of one of those fourteen allegations and was disciplined by the loss of two vacation days. On July 16, 2019, it was announced that the officers involved in Garner's death would not face federal charges. That decision was made by Attorney General William Barr

 

What can we do?

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Petition to ban choke-holds:

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Go fund me. These funds will be used to support the children and grandchildren of Eric Garner continue to fight for justice:

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Petition demanding justice for Eric Garner:

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Petition to reopen Eric Garner’s case:

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