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Eric Garner Incident - Assignment Example

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Eric Garner died after he was chokehold by a police officer by the name Pantaleo. Garner was first approached by officer Damico on being suspected of selling single cigarettes that…
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Eric Garner Incident
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Download file to see previous pages It is evident through a video at the event that he expressed that he could not breathe. This paper discusses what federal law the NYPD officer violated and charges that Department of Justice might bring against him.
It is apparent that the NYPD officer violated federal law that covers police misconduct. The federal prosecutors will tend to pursue criminal, civil rights charges to prove that Pantaleo violated Section 1983. The existence of the recording makes it easier to prosecute. This is because misconduct is proven easily when it entails physical force instead of shooting. The amount of pressure used by Pantaleo must be proved, but it might be easy since chokehold is banned under NYPD policy. Also, the race element in civil rights violation be considered but it can be tricky to prove it (Donnelly, par 1-3).
After Pantaleo was cleared of civil rights violation charges, he still faces a civil lawsuit. It is apparent that in October, the Garner’s relatives filed a lawsuit against the NYPD and six individual officers accusing them of wrongful death, intentional infliction of emotional distress and assault. The family claimed that Pantaleo negligently placed Eric Garner in a chokehold that is banned from being used by the NYPD. They also identified that the officers involved failed to properly report the use of the chokehold maneuver to the seniors to create a cover up (Lu, par 5).
There are several penalties that might be imposed to Pantaleo if he is found guilty. One is that he could be reprimanded. As at this time, he is subjected to an internal affairs investigation within the NYPD. Pantaleo is currently on desk duty where he has been limited to access his gun. If he is found guilty for using excessive force, the NYPD advocate office will determine the level of punishment. The officer may face a disciplinary action or get terminated as a police officer. It is evident that his fate lies with the Bill; ...Download file to see next pagesRead More
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