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The family of a man who was killed when New York City police officers placed him in an illegal chokehold after suspecting he was selling loose cigarettes has filed a notice of claim to sue the city for $75 million.

The notice, which is the first legal step toward suing over Eric Garner’s disturbing death, was filed on Monday. The family also plans to sue the police department and the six officers involved in the incident.

A spokesman for city Comptroller Scott Stringer said Tuesday that the claim is under review. The city’s Law Department said it will review the claim thoroughly. The New York Police Department did not immediately comment on the notice of claim.


Sharpton said in a statement that the notice of claim filing was planned to protect the family’s right to file a lawsuit before the deadline to file expires.

He said the family would make an announcement about its legal representation during Saturday’s weekly rally at his Harlem headquarters.

Garner died in August as a result of the chokehold. During the incident, which was caught on tape by a bystander, Garner can be heard telling officers that he couldn’t breathe. A grand jury has convened to determine whether the officers will be indicted.

SOURCE: AP | PHOTO CREDIT: Facebook/Spike Lee

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