As part of a new probe, a federal grand jury in Brooklyn is investigating whether Eric Garner’s constitutional rights were violated, according to a source talking to CBS News.

Garner, 43, died in July 17, 2014 when NYPD Officer Daniel Pantaleo put him in a chokehold outside a convenience store in Staten Island while he was being arrested for selling untaxed cigarettes. He was pronounced dead at the hospital. The incident was videotaped, as well as his cries, “I can’t breathe.” This set off a lot of blowback against the department, with observers alleging systematic discrimination against people of color by police. (Garner was black.)

A New York State grand jury reviewed the case in 2014, and didn’t indict Pantaleo. But now this is being reviewed yet again to see if Garner’s rights were violated through alleged intentional use of excessive force.

Pantaleo has been on modified assignment (desk dusty) since the incident, and his boss, New York City Police Commissioner Bill Bratton, said no action would be taken until the federal investigation is over.

[h/t CBS News]

[image via screengrab]

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