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NYPD-fired policeman Daniel Pantaleo will sue Police Commissioner James O'Neill to reclaim his post, his lawyer said on Monday.
Pantaleo will file a complaint under Article 78 of the Code of Civil Procedure and Practice, said lawyer Stuart London.
This provision allows people to appeal decisions made by government officials or agencies to the courts on the grounds that they are "arbitrary and capricious".
If successful, Pantaleo would be reinstated to the NYPD and awarded damages for lost wages.
O'Neill fired Pantaleo, 33, on Monday after the death of Eric Garner, following an incident in Staten Island in 2014 that fueled the Black Lives Matter movement.
London said it had been warned in advance of O'Neill's decision against Pantaleo and had communicated this information to his client 13 minutes before the commissioner announced that the attacked cop had been fired.
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