The family of the man who died after a fatal chokehold on the New York City subway is poised to sue Daniel Penny in a wrongful-death lawsuit, the New York Post reports. A letter obtained by the paper shows, Jordan Neely’s aunt, Carolyn Neely, has hired Manhattan law firm of Mills & Edwards to file a civil action against Penny. “Please be advised that this office has been retained... to pursue a claim for personal injuries and wrongful death... Your action resulted in the death of Jordan Neely,” the letter reads, according to the Post. Video showed Penny wrapping his arms around Neely’s neck on May 1. Penny, 24, is out on $100,000 bail with more than $2.8 million already raised through GoFundMe for his legal defense.