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Daniel Penny demands dismissal of civil lawsuit from Jordan Neely's father

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Daniel Penny demands dismissal of civil lawsuit from Jordan Neely's father

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Daniel Penny’s legal team wants a civil judge to dismiss the lawsuit filed by Jordan Neely’s father – and make him cover the legal costs – after Penny was acquitted of criminally negligent homicide for a chokehold that put an end to a violent outburst of death threats on a Manhattan subway car.

Andre Zachery sued Penny in December, alleging that Penny negligently assaulted, battered and seriously injured Neely, causing his death.

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“All injuries or damages sustained by Plaintiff as alleged in the Verified Complaint, if any, were caused in whole or in part by the culpable conduct, negligence, carelessness, and lack of care on the part of Plaintiff, and any recovery against this Defendant must be diminished in proportion to Plaintiff’s relative wrongdoing, fault, misfeasance, malfeasance, failure to exercise due care and/or other culpable conduct,” Penny’s attorneys countered in an answer to the lawsuit filed on Monday.

DANIEL PENNY FOUND NOT GUILTY IN SUBWAY CHOKEHOLD TRIAL

Daniel Penny and his attorneys Steven Raiser and Thomas Kenniff arrive at Manhattan Criminal Court in New York City on Thursday, Dec. 5, 2024. Jurors later acquitted him of criminally negligent homicide in the death of Jordan Neely. (Adam Gray for Fox News Digital)

In a statement, Penny’s lawyers Steven Raiser aand Thomas Kenniff noted that they had successfully defended their client from criminal charges brought by the “largest and most resourced” district attorney’s office in the country.

“The result was a full acquittal and a verdict that underscored New Yorkers’ belief in their right to defend themselves and their neighbors from random violence,” the told Fox News Digital. “We are committed to defending this ill-conceived civil action brought by Jordan Neely’s estranged father with same the vigor with which we defended the criminal case.”

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Zachery’s lawyer did not immediately respond to a request for comment. 

The filing comes a month after Penny’s acquittal in a high-profile and controversial manslaughter trial. Prosecutors asked the court to dismiss the top charge of manslaughter to avoid a hung jury, and jurors ultimately found Penny not guilty of the lesser charge.

We are committed to defending this ill-conceived civil action brought by Jordan Neely’s estranged father with same the vigor with which we defended the criminal case.

— Steven Raiser aand Thomas Kenniff, Penny’s attorneys

Penny, a 26-year-old Marine veteran and architecture student, was charged for the subway chokehold death of Neely, a 30-year-old homeless man with schizophrenia who barged onto the train shouting death threats while high on a type of synthetic marijuana known as K2. It happened on May 1, 2023.

JORDAN NEELY’S DAD FILES LAWSUIT AGAINST DANIEL PENNY

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Jordan Neeley’s father, Andre Zachery  arrives at Manhattan Supreme Court Thursday, December 5, 2024. Zachary’s son, Jordan Neely died in 2023 after being put in a chokehold by Daniel Penny on a NYC subway.  (Rashid Umar Abbasi for Fox News Digital)

Neely had a lengthy criminal record, an active arrest warrant, a history of psychosis and was high. He also had the sickle cell trait genetic disorder.

Subway crime has plagued the city in recent years, and there was an atmosphere of fear among riders.

Just three days earlier, a straphanger had been stabbed with an ice pick on a J train, according to reports from the time. It was about a month after a PBS reporter got sucker punched on a No. 4 train. There was a shove a week before that, and the victim hit the side of a moving R train and survived.

Read Daniel Penny’s verified answer to the civil complaint from Jordan Neely’s father

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In that climate of fear, witnesses said they were terrified by Neely, who shouted death threats at them.

But legal experts have predicted Neely’s family may fare better in civil court, where there is a lower standard of guilt.

Daniel Penny was invited to join Donald Trump and J.D. Vance at the Army-Navy college football game after his acquittal. ( X/@DanScavino)

Prosecutors have to convince jurors of criminal charges beyond “reasonable doubt.” In a civil case, the plaintiff’s attorneys must prove their case based on a “preponderance of evidence,” more likely true than not.

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Northeast

New York AG orders Manhattan hospital to resume gender-transition treatment for transgender youth

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New York AG orders Manhattan hospital to resume gender-transition treatment for transgender youth

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New York Attorney General Letitia James is instructing a Manhattan hospital to resume offering gender-transition treatment to transgender youth after it ended such treatments last month over funding threats from the Trump administration.

NYU Langone’s decision to close its Transgender Youth Health Program violated the state’s anti-discrimination laws by “jeopardizing access to medically necessary healthcare for some of the most vulnerable New Yorkers,” James wrote in a Feb. 25 letter first made public this week.

James’ office threatened “further action” if the hospital does not immediately resume offering hormone therapies, puberty blockers and other treatment to transgender youth.

New York Attorney General Letitia James is instructing a Manhattan hospital to resume offering gender-transition treatment to transgender young people. (Michael M. Santiago/Getty Images)

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NYU Langone, one of the city’s largest hospital systems, said last month it would stop providing certain gender-transition treatments for patients under the age of 19.

“Given the recent departure of our medical director, coupled with the current regulatory environment, we made the difficult decision to discontinue our Transgender Youth Health Program,” NYU Langone spokesman Steve Ritea said in a statement at the time. “We are committed to helping patients in our care manage this change. This does not impact our pediatric mental health care programs, which will continue.”

The hospital ceased admitting new patients into its transgender youth program last year after President Donald Trump signed an executive order entitled “Protecting Children from Chemical and Surgical Mutilation,” which aims to restrict gender-transition treatment for people under 19.

The U.S. Department of Health and Human Services has announced a proposal to cut federal Medicaid and Medicare funding to hospitals that provide these treatments to transgender young people. (Andrew Harnik/Getty Images)

Referencing Trump’s order, the U.S. Department of Health and Human Services later announced a proposal to cut federal Medicaid and Medicare funding to hospitals that provide these treatments to transgender youth.

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But the Feb. 25 letter signed by the attorney general’s health care bureau chief, Darsana Srinivasan, said the proposal did not officially change federal law and did not affect a “medical institution’s existing duties and obligations under New York law.”

“The sudden discontinuation of medically necessary transgender healthcare can have severe, negative health outcomes,” Srinivasan wrote. “Accordingly, the Attorney General is extremely concerned by your institution’s decision to cease the provision of care to this vulnerable, minority population.”

LETITIA JAMES SUES HHS OVER TYING FEDERAL FUNDS TO TRANSGENDER POLICY

NYU Langone said last month it would stop providing certain gender-transition treatments for patients under the age of 19. (Stephanie Keith/Bloomberg via Getty Images)

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The letter gives the hospital until March 11 to show its compliance, although it is unclear what steps would be taken if it fails to resume the treatments.

Several other hospitals across the country have also halted transgender youth treatments following Trump’s executive order and funding threats.

The Associated Press contributed to this report.

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Top New York hospital to end transgender program for minors

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Boston, MA

Charlotte plays Boston on 5-game win streak

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Charlotte plays Boston on 5-game win streak


Charlotte Hornets (31-31, ninth in the Eastern Conference) vs. Boston Celtics (41-20, second in the Eastern Conference)

Boston; Wednesday, 7:30 p.m. EST

BETMGM SPORTSBOOK LINE: Celtics -6.5; over/under is 214.5

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BOTTOM LINE: Charlotte is looking to keep its five-game win streak alive when the Hornets take on Boston.

The Celtics are 27-13 against Eastern Conference opponents. Boston is sixth in the NBA with 46.2 rebounds led by Nikola Vucevic averaging 8.8.

The Hornets are 19-21 in conference matchups. Charlotte is 7-8 when it turns the ball over less than its opponents and averages 15.0 turnovers per game.

The Celtics average 15.5 made 3-pointers per game this season, 2.7 more made shots on average than the 12.8 per game the Hornets allow. The Hornets average 16.0 made 3-pointers per game this season, 2.1 more made shots on average than the 13.9 per game the Celtics allow.

TOP PERFORMERS: Jaylen Brown is averaging 29 points, 7.1 rebounds and five assists for the Celtics. Payton Pritchard is averaging 17 points and 5.8 assists over the past 10 games.

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Kon Knueppel is averaging 19.2 points, 5.5 rebounds and 3.5 assists for the Hornets. Brandon Miller is averaging 22.7 points, 5.3 rebounds and 3.6 assists over the past 10 games.

LAST 10 GAMES: Celtics: 8-2, averaging 109.4 points, 50.7 rebounds, 27.1 assists, 6.1 steals and 6.4 blocks per game while shooting 45.7% from the field. Their opponents have averaged 98.5 points per game.

Hornets: 7-3, averaging 117.3 points, 47.8 rebounds, 27.4 assists, 8.5 steals and 4.2 blocks per game while shooting 45.6% from the field. Their opponents have averaged 106.2 points.

INJURIES: Celtics: Jayson Tatum: out (achilles), Neemias Queta: day to day (rest).

Hornets: Coby White: day to day (injury management).

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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.



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Pittsburg, PA

2 young girls found dead in suitcases in Cleveland, police say

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2 young girls found dead in suitcases in Cleveland, police say


The bodies of two young girls were found inside suitcases in Cleveland, Ohio, police said on Tuesday. 

In a press conference, Cleveland Police Chief Dorothy Todd said on Tuesday that the bodies of the two girls were found in suitcases buried in shallow graves on Monday evening. One of the girls was believed to be between the ages of 8 and 13 years old, while the other was believed to be 10 to 14 years old. Neither girl was identified as of Tuesday night. 

“This is a priority,” Todd said during Tuesday’s press conference. “This is a traumatic event for our officers, for the community, and this is just such a tragic incident, but we are trying to develop any leads we can.”

Police said there are no active missing persons reports in Cleveland that match the two victims. 

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Officials said someone walking their dog near East 162nd Street and Midland Avenue found what appeared to be a body inside a suitcase around 6 p.m. on Monday. When officers responded to the scene near Ginn Academy, they found one of the bodies stuffed in a suitcase in a shallow grave. The second shallow grave with the body stuffed in a suitcase was found after officers searched the area.

“This is a field close to the school over there,” Todd said. “This is just a residential neighborhood that I’m sure a lot of people do frequent.”

The Cuyahoga County Medical Examiner’s Office has custody of the bodies and will identify the girls. Todd said there is no clear indication of possible causes of death for the girls or how long the girls were there.

“It was some time, so it’s not something that was recent,” Todd said. 

There is no suspect, Todd added. Anyone with information can contact the Cleveland police at 216-623-5464.

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“Usually in residential areas, you know what’s happening in your neighborhood, something just seems a little bit off,” Todd said. “That’s why we’re asking that anyone who has anything that they believe to be information directly related to or suspicious, that they give us a call.” 



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