Daniel Penny, who is on trial for second-degree manslaughter and negligent homicide charges in connection to a subway chokehold death, is facing a new civil lawsuit from the father of the man he allegedly killed.

Jordan Neely’s father filed a civil lawsuit against Daniel Penny for wrongful death as a jury deliberates Penny’s manslaughter case over Neely’s subway death.

Penny placed the victim, who was homeless, in a chokehold after he began shouting and acting erratically on the crowded train.