Justice for Eric Garner

On July 17, 2014, Eric Garner was killed on a Staten Island sidewalk after being placed in an NYPD-banned chokehold by Officer Daniel Pantaleo, during a false and illegal arrest while Eric pleaded "I can't breathe" eleven times. The killing, captured on video, showed many officers who used force in the unlawful arrest and many failed to intervene or provide aid. NYPD officials and officers also attempted to cover up the killing, first claiming that Garner died of a heart attack, illegally leaking sealed records to criminalize Mr. Garner, and lying on official reports. 

In August 2019, after five long years of obstruction and refusal by Mayor Bill de Blasio and the NYPD to take action, and tireless organizing by Gwen Carr, Eric Garner's mother, Ellisha Flagg Garner, Garner's sister, the Garner family, and community organizers, Officer Daniel Pantaleo, was finally fired. His firing followed a CCRB prosecuted disciplinary trial that concluded in June 2019 which found that Officer Pantaleo violated Department procedures such as the decades-long ban on the chokehold maneuver.

In August 2019, Eric Garner's mother, sister, and Ramarley Graham's mother, along with CPR members, announced a petition to the New York Supreme Court. The petition demanded a judicial inquiry into the violations and neglect of duty by Mayor Bill de Blasio, his administration, and others related to the unjust killing of Eric Garner, the cover-up that continues to this day, and the corresponding failure to discipline officers for misconduct in a meaningful or timely manner.

Mayor de Blasio responded to petitioners by filing a motion to dismiss the petition. New York State Supreme Court Judge Joan A. Madden heard arguments in the city's motion to dismiss in August 2020. 

On September 24, 2020, six years after the killing of Eric Garner, Justice  Madden ruled in petitioners’ favor in their request for a judicial inquiry. The judge ruled that a public judicial inquiry into potential violations and neglect of duty by the de Blasio administration, including former NYPD Commissioner James O'Neill, and other top police officials arising from the death of Eric Garner, could proceed.

Unhappy with the court’s decision, the City tried to block the petition by filing a notice of appeal and by attempting to argue that there was an automatic stay to all further proceedings before the Supreme Court while the City’s appeal was pending. In December 2020, Justice Madden rejected the City’s arguments, once again allowing proceedings related to the inquiry to move forward, unless the City won a stay from an appeals court.  

On February 12, 2021, the City filed a motion with the Appellate Division, First Department, the appeals court, seeking to stay the judicial inquiry. On March 23, 2021, the First Department denied this request. The First Department heard the appeal on May 25, 2021, and denied the appeal on July 15, 2021.

Following Justice Madden’s retirement from the bench, Justice Erika M. Edwards was assigned to preside over the case.

In addition to the petition brought under Section 1109, the Gwen Carr, the Justice Committee, and Communities United for Police Reform submitted a Freedom of Information Law request to the NYPD and the Civilian Complaint Review Board relating to Mr. Garner’s arrest and killing, 

In October 2021, the judicial inquiry began in New York State Supreme Court on October 25, 2021, and lasted for approximately two weeks, until November 5, 2021.

During the inquiry, we learned that NYPD Deputy Commissioner Joseph Reznick, who was in charge of the investigation of the killing, did not investigate illegal leaks of Eric Garner’s medical or sealed criminal legal records. Officer Justin Damico lied on official NYPD reports and Lt. Christopher Bannon texted it was “not a big deal” that Eric might be DOA (dead on arrival).

Parties to the petition include Gwen Carr, Ellisha Flagg Garner, Constance Malcolm, mother of Ramarley Graham, Loyda Colon of Justice Committee, Joo-Hyun Kang of Communities United for Police Reform, Monifa Bandele of MomsRising, Kesi Foster of Make the Road, and Mark Winston Griffith of Brooklyn Movement Center. They were represented by Alvin Bragg, Gideon Oliver, and Davis Polk & Wardwell LLP.

Help uplift the demands of Eric Garner’s family:

  • That ALL NYPD officers and officials who engaged in misconduct related to the killing of Eric Garner be held accountable and fired from the NYPD.
  • For full access to ALL NYPD and CCRB records of the case.

News on Eric Garner

Gwen Carr And Organizers File Lawsuits Against NYPD And CCRB To Obtain Full Foil Disclosures Related To Eric Garner’s Killing

This week, lawyers for Gwen Carr, mother of Eric Garner, Communities United for Police Reform (CPR), and the Justice Committee filed Article 78 lawsuits against the NYPD and the CCRB to obtain full disclosure of records in response to an August 2019 FOIL request sent to both agencies, including materials related to the NYPD’s and other City agencies’ actions to investigate and discipline officers responsible for Eric Garner’s killing.

Gwen Carr And Organizers Respond To Court Conference In Judicial Inquiry Into Eric Garner’s Killing

Today, following a public court conference in the historic judicial inquiry into the NYPD killing of Eric Garner and subsequent cover-up, Gwen Carr, mother of Eric Garner,  Communities United for Police Reform, the Justice Committee, and other petitioners in the case are calling on Mayor de Blasio to fire all the NYPD officers responsible and stop hiding critical information ordered in the judicial inquiry.

Gwen Carr And Petitioners Respond To Court Order On Discovery and Witnesses In Judicial Inquiry

NYS Supreme Court Justice Erika M. Edwards issued an order for discovery in the historic judicial inquiry into Eric Garner’s killing. The judicial inquiry will investigate the violations and neglect of duties by Mayor de Blasio and other City officials regarding the killing of Mr. Garner, their failure to conduct thorough investigations and discipline all NYPD officers responsible for misconduct, and the related cover-up.

Days After Anniversary of Eric Garner’s Killing, Gwen Carr and Organizers Call on Mayor de Blasio to Stop Blocking Transparency in Judicial Inquiry

Justice Erika M. Edwards says the City will be ordered to provide documents and records as a part of discovery in the case

Yesterday, New York State Supreme Court Justice Erika M.

Win: Court Denies De Blasio Appeal of Judicial Inquiry into Eric Garner’s Killing, Refusal to Discipline All Officers, And Related Cover-Up

Today, the Appellate Division, First Department of the NYS Supreme Court denied the City of New York's appeal of the historic judicial inquiry into Eric Garner’s killing. The judicial inquiry is aimed at investigating the violations and neglect of duties by Mayor de Blasio and other City officials regarding the killing of Mr. Garner, failure to conduct thorough investigations and discipline for misconduct, and the related cover-up.

Gwen Carr, Organizers Call for Mayor de Blasio and Other Top Officials to Testify in Judicial Inquiry

Lawyers for Gwen Carr and other petitioners in the historic judicial inquiry into Eric Garner’s killing, and subsequent cover-up, submitted a brief to Justice Erika M. Edwards of the NYS Supreme Court detailing why certain witnesses, such as Mayor de Blasio, former NYPD Commissioner O’Neill and other high-ranking NYC officials should be made to testify in court as part of the inquiry. The judicial inquiry is aimed at investigating the violations and neglect of duties by Mayor de Blasio, Commissioner O’Neill, and other City officials regarding to the killing of Mr. Garner and other related topics such as the falsifying of arrest records and the leaking of confidential information.

Gwen Carr and Organizers Demand Mayor de Blasio Drop the Appeal of Historic Investigation into Eric Garner’s Killing

Gwen Carr, mother of Eric Garner, Communities United for Police Reform, and the Justice Committee call for Mayor de Blasio to once again drop the appeal of the historic judicial inquiry into Eric Garner’s killing and release all the necessary records and documents related to the killing, following yesterday's discovery conference before Justice Erika M. Edwards of the New York State Supreme Court in Carr v. de Blasio.

Court Hears Oral Arguments in the Lawsuit Seeking Judicial Inquiry into Eric Garner’s Killing; Family and Organizers Demand de Blasio Drop the Appeal

The NYS Supreme Court, Appellate Division, First Department, heard oral arguments in Carr v. de Blasio, the lawsuit seeking a historic judicial inquiry into Eric Garner’s killing, the cover-up that continues to this day, and the related refusal to fire officers who engaged in misconduct related to the killing.

Judicial Inquiry into Eric Garner’s Death Could Begin on July 19

Following a discovery conference yesterday in Carr v. de Blasio, the Court scheduled July 19 as the potential date to begin a judicial inquiry into Eric Garner’s death. As part of the judicial inquiry, Mayor de Blasio, former NYPD Commissioner James O’Neill, and others could be called to take the stand and answer questions about City officials’ neglect and violations of duties related to the killing of Eric Garner and the lack of discipline of officers other than Daniel Pantaleo.

Gwen Carr & Racial Justice Organizers Call on Mayor de Blasio to Drop the Appeal and Fire Officers Involved in Eric Garner’s Killing After Appeals Court Denies City's Bid to Stay Judicial Inquiry

This morning, in a rare move, the New York State Appellate Division – First Department denied the de Blasio administration's request to stay a historic judicial inquiry into violations and neglect of duty by top NYPD and City officials—including Mayor de Blasio—related to the killing of Eric Garner. The court ruled that the inquiry may proceed.

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