A petition being filed Tuesday in state court seeks a proceeding at which city officials can be questioned under penalty of perjury about matters involving alleged official misconduct.
Garner’s mother, sister and reform activists accuse Mayor Bill de Blasio, Commissioner James O’Neill and other officials of neglecting their duty in the handling of Garner’s death.
Messages seeking comment were left with de Blasio’s office and the police department.
O’Neill last week fired Officer Daniel Pantaleo for using a banned chokehold on Garner. A sergeant agreed to give up vacation time to resolve her disciplinary case.
Garner’s family says that officials should have acted sooner and that other officers should be punished.