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.

“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.

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.

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.