Daniel Pantaleo, the former NYPD officer who was fired for using a chokehold during Eric Garner’s deadly arrest five years ago, is suing the department to get his job back. Pantaleo claims that the NYPD firing him over the incident is “arbitrary and capricious.”

This comes after NYPD Commissioner James O’Neill chose to fire him in August at the recommendation of the NYPD’s Deputy Commissioner of Trials. O’Neill stated that Pantaleo was making a proper arrest until he put Garner in a chokehold. He also puts blame on Garner, as O’Neill believes he was resisting arrest. He stated, “Every time I watch that video I say to myself … ‘to Mr. Garner, don’t do it. Comply. Officer Pantaleo, don’t do it.”

Source: NBC