Ex-cop Daniel Pantaleo has lost his bid to get his job back after he was booted from the NYPD over the fatal arrest of Eric Garner.
Pantaleo sued the NYPD and then-Police Commissioner James O’Neill in August 2019 following a recommendation by Deputy Commissioner of Trials Rosemarie Maldonado that he be dismissed from the force over Garner’s 2014 chokehold death.
The case got kicked up to the Appellate Division, First Department — which on Thursday sided with Maldonado’s ruling that Pantaleo was reckless in holding Garner, 43, in a chokehold.
“Substantial evidence supports respondents’ conclusion that [Pantaleo] recklessly caused injury to Eric Garner by maintaining a prohibited chokehold for 9 to 10 seconds after exigent circumstances were no longer present, thereby disregarding the risk of injury,” reads the unanimous three-judge ruling.
Pantaleo had claimed that his firing and loss of pension were too strong a penalty after he was found guilty by Maldonado of third-degree assault for recklessly applying a chokehold banned by the department. Maldonado acquitted Pantaleo of accusations that he intentionally strangled Garner.
But, the judges said, “we do not find the penalty ‘so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness,’” according to the ruling.
“Conduct far less serious than [Pantaleo’s] has been found by the Court of Appeals to have a ‘destructive impact … on the confidence which it is so important for the public to have in its police officers,’” the decision continued.
Pantaleo’s lawyer, Stuart London, told The Post by email that his client “is obviously disappointed with the court’s reasoning and decision.
“We will carefully examine the decision to determine our next course of action,” he said.
The NYPD did not immediately return a request for comment.
Additional reporting by Craig McCarthy