Eric Garner's family 'REJECT $5million offer to settle wrongful death suit' - and instead say they are going to sue New York City for $75million

  • City officials reportedly offered cash to settle suit after chokehold death
  • Garners are said to have rejected the offer in favor of pursuit suit in court
  • Instead they are expected to ask for $75million within the week
  • Family required to file a suit by Friday - the anniversary of Garner's death
  • Garner, 43, died after arrest by NYPD on Staten Island over selling loose cigarettes 

By Kieran Corcoran For Dailymail.com

Published: 00:55 EST, 13 July 2015 | Updated: 01:40 EST, 13 July 2015

The family of NYPD chokehold victim Eric Garner have reportedly rejected a $5million offer from city officials to settle a wrongful death suit.

Garner's relatives are expected to launch legal action against New York City in the coming week over his death last year on Staten Island.

Scott Stringer, New York's top finance official, offered the grieving Garners the $5million payout in exchange for calling off the lawsuit, according to the New York Daily News.

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Garner, 43, went into cardiac arrest following a struggle with NYPD officers
Garner yelled 'I can't breathe' 11 times before he passed out after being put in a chokehold

Garner, 43, died after being held in a controversial chokehold by a NYPD officer in Staten Island last July

Eric Garner's (pictured) one-year-old daughter with his longtime girlfriend will never be accepted by his family

Eric Garner's (pictured) one-year-old daughter with his longtime girlfriend will never be accepted by his family

Garner's widow Esaw (pictured) is among the grieving Garner family members alleged to have rejected the offer

Garner's widow Esaw (pictured) is among the grieving Garner family members alleged to have rejected the offer

However, according to the newspaper, the Garners, including his widow Esaw Garner, have brushed away the offer and are instead intent on pursuing the city for $75million.

Bereaved: Gwen Carr, Garner's mother, is 

Bereaved: Gwen Carr, Garner's mother, is 

The family will have to file a lawsuit by Friday - a year since Garner's death - to keep within the statute of limitations.

Garner, 43, went into cardiac arrest following a struggle with NYPD officers and died in custody after officers tried arresting the 400-pound asthmatic father on suspicion of selling illegal cigarettes.

A federal probe about Garner's death is being carried out by the Justice Department. 

The city has previously paid out millions of dollars because of wrongful death lawsuits. 

Garner yelled 'I can't breathe' 11 times before he passed out after being put in a chokehold.

The officer who wrapped his arm around Garner's neck argued that it was a sanctioned takedown move, not a banned chokehold.

The city's medical examiner ruled Garner's death a homicide and found a chokehold contributed to it. 

But a Staten Island grand jury declined to indict the officer, prompting street protests. 

Footage of the arrest helped spur reforms to the police department and a nationwide movement pressing for change on how officers treat minorities. 

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