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The death of 43-year-old Eric Garner at the hands of NYPD in Staten Island this past July is an issue that has not gone away for the city of New York. Now, the Garner family has plans to sue the city for a $75 million after filing a notice of claim.

As reported by Capital New York, the Garner family filed the claim this past Monday. With the family wording the claim to address the officers and their lack of restraint, the lawsuit also takes aim at the city and the NYPD for not providing proper supervision of the cops involved.

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In the notice, filed Oct. 6, lawyers for the Garner family say police officers involved in the July 17 incident “failed to use proper police procedure and tactics as reasonably prudent and careful police officers would have used under similar circumstances.” The claim also states that the city and the New York Police Department “continued to improperly supervise officers in the field.”

“The incident herein may have a direct relationship and/or may have been caused by the “broken windows” policing being implemented and utilized” by the city and the NYPD. Police commissioner Bill Bratton is a supporter of “broken windows” policing, which calls for strict enforcement of low-level, quality of life crimes.

Officers cornered Garner that for allegedly selling “loosies” – individual cigarettes without applying tax. A bystander caught the entire incident on a cell phone video as Officer Daniel Pantaleo and other cops took Garner down by force and applied a choked maneuver.

The NYPD will not offer a response and the claim has been filed and recognized by the city.

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