Following Daniel Penny's acquittal in the criminal case surrounding Jordan Neely's death, his legal representatives are now pushing for the dismissal of a civil lawsuit initiated by Neely's father, Andre Zachery. They are also requesting that Zachery bear the legal expenses incurred by Penny.

Zachery's lawsuit, filed in December, alleges that Penny's actions constituted negligent assault, battery, and ultimately caused Neely's death. Penny's lawyers responded by arguing that any injuries or damages sustained by Neely were a result of his own conduct.

Penny's attorneys, Steven Raiser and Thomas Kenniff, emphasized their successful defense in the criminal trial against what they described as a formidable prosecution. They expressed their commitment to defending against the civil action with the same determination.

The civil lawsuit follows Penny's acquittal on charges related to Neely's death on a Manhattan subway. The incident, which occurred on May 1, 2023, stemmed from Neely's erratic behavior and threats on the train. Penny, a Marine veteran, intervened, resulting in Neely's death.

Neely's history included a significant criminal record, an active arrest warrant, mental health struggles, and substance abuse. The incident unfolded against a backdrop of rising concerns about subway safety in New York City.

Legal experts have suggested that Neely's family might have a stronger case in civil court due to the lower burden of proof required. While criminal cases demand proof beyond a reasonable doubt, civil cases operate on a "preponderance of evidence" standard.