NEW YORK (AP) - The officer who was fired in the 2014 chokehold death of Eric Garner is suing the New York Police Department and the police commissioner to be reinstated.

Daniel Pantaleo's lawyer, Stuart London, told the New York Post the lawsuit was filed on Wednesday and argued that his termination following an administrative trial was "arbitrary and capricious."

Police Commissioner James O'Neill fired Pantaleo in August for using a banned chokehold on Garner, whose death was captured on a cellphone video that caused widespread outrage. A sergeant who responded to the scene gave up 20 days of vacation time to settle her disciplinary case.

The Rev. Al Sharpton says "Pantaleo's decision to seek his reinstatement is not only disrespectful to the police commissioner and NYPD, but also the Garner family.