Daniel Pantaleo, the officer who killed unarmed Black man Eric Garner using a deadly chokehold, is now suing to get his job back.

According to Vox, the lawsuit, which was filed by Pantaleo's lawyer Stuart London in Manhattan civil court on Wednesday, argues that the former officer's firing was "arbitrary and capricious." 

London also shared with the New York Post that he is seeking to find that the NYPD judge was wrong to recommend that Pantaleo be fired earlier this year following an administrative trial.

The decision to fire Pantaleo came more than five years after the death of Garner was captured on cell phone video, and months after Deputy Commissioner of Trials Judge Rosemarie Maldonado recommended to Police Commissioner James O'Neill that Pantaleo be removed from the force.

Despite his firing, a state grand jury declined to press criminal charges.

"It's an extremely difficult decision," O'Neill said at a news conference Monday. "If I was still a cop, I'd probably be mad at me... [but] it's my responsibility as police commissioner to look out for the city."

O'Neill said it could easily have been him in Pantaleo's position. 

"It's in my DNA, it's who I am," O'Neill said. "But as police commissioner, I have to think about the city, and I have to think about the rules and [regulations] of the NYPD and make sure people follow them."

"There are absolutely no victors here today," he added.

Garner's mother, Gwen Carr, had little sympathy for the dismissed officer:

"You may have lost your job, but I lost a son," Carr said. "You cannot replace that. You can get another job -- maybe at Burger King."

"It's been five long years I've fought this fight. I'm not stopping this fight," Carr said at the time.