Garner was accused of illegally selling cigarettes on a sidewalk when Pantaleo put him in a chokehold from behind and tackled him with the help of other officers.
The video shows Garner arguing with police, saying, "Please leave me alone," before Pantaleo puts him in a chokehold. With officers holding him down, Garner pleads with them, saying repeatedly, "I can't breathe."
If Lyons had described how his fears of future chokeholds affected his conduct, would he have passed the injury-in-fact hurdle?
The probability that Lyons might be subjected to a police chokehold again was even lower than the Court's analysis might suggest: Prompted by several deaths stemming from police chokeholds, the Board of Police Commissioners imposed and extended a six-month moratorium on chokeholds, while the police department investigated alternative measures.
The moratorium on chokeholds might have accounted for some contrast except that neither the Lyons nor the Laidlaw Courts considered the fact in their injury analyses.
Misinterpretation of these cases lies behind the claim that Microsoft, unless punished, crippled, or otherwise injured, will achieve a "chokehold on the Internet" or somehow undermine the entire computer industry.
Microsoft's automobile Web site is doing pretty well, but hardly has a chokehold on its market.