Daniel Penny says a lawsuit filed by Jordan Neely’s father should be dismissed outright, according to a new filing by his attorneys.

On Monday, Penny submitted a reply to the civil suit filed last year in Manhattan Supreme Court just before his December acquittal in criminal court over the subway death of Neely, and argued that Penny is not culpable for any civil damages.

Penny’s attorney Steven Raiser, who helped represent him in his criminal trial, says that any “injuries or damages” suffered by Neely’s dad, Andre Zachery, “were caused in whole or in part by the culpable conduct, negligence, carelessness, and lack of care on the part of Plaintiff,” the filing reads.

In a statement, Raiser said: “We continue to assert Danny’s innocence and will fight back against these allegations with the same vigor and determination as in the criminal case.”

“A criminal jury exonerated Danny from any wrongdoing and we expect nothing less from a civil jury once they too are armed with all the facts,” he added.

Representatives and attorneys for Zachery did not immediately respond to requests for comment.

Despite Penny being found not guilty in his criminal case, Zachery’s civil lawsuit poses totally new challenges to the question of culpability, legal experts previously told The Post, since civil trials have a different burden of proof as compared to criminal proceedings.

Facing a civil suit means that burden shifts “from reasonable doubt to more likely than not,” attorney Lanny Davis, a former adviser to former presidents Bill Clinton and George W. Bush, told The Post when the lawsuit was first filed in December.

Zachary’s lawyer, Donte Mills, previously told The Post that he does not believe Penny’s criminal acquittal will “have any impact in our case” due to that lower burden of proof required in civil court.

“Did he hold that chokehold for too long when people were telling him to let go? Should he have let go?” Mills told The Post last month. “That’s what it’s going to come down to.”

Once again, a Manhattan jury will determine whether Penny was liable for Neely’s death, and if he will have to pay a to-be-determined amount in damages to the deceased man’s father.

Penny finds himself in similar company with former football star OJ Simpson, who was found not guilty of killing his estranged wife Nicole Brown Simpson and her pal Ronald Goldman in a 1994 criminal trial.

But three years later, Simpson was ordered to fork over more than $33 million to the victim’s families following a civil trial in California.