Teen Punched by NYPD Officer in Viral Video Files $5 Million Lawsuit - NBC New York

Teen Punched by NYPD Officer in Viral Video Files $5 Million Lawsuit

Benjamin Marshall, 15, is expected to announce the lawsuit on Wednesday

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    Teen Punched by NYPD Officer in Viral Video Files $5 Million Lawsuit
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    NEW YORK, NY - AUGUST 29: Commuters prepare to board the C train at the Jay Street subway station August 29, 2011 in the Brooklyn borough of New York City. One day after Hurricane Irene hit New York and New England, the mass transit system, including subways and buses, began moving again in a limited capacity in time for Monday's rush hour. (Photo by Chip Somodevilla/Getty Images)

    What to Know

    • The teen who was seen on a viral video being punched by an NYPD officer in a subway brawl has filed a $5 million lawsuit

    • Attorney Sanford Rubenstein, who's representing Marshall and his parents, said the lawsuit was filed Wednesday

    • Marshall was charged with assaulting a police officer in the Oct. 25 incident, as well as resisting arrest and disorderly conduct

    The teen who was seen on a viral video being punched by an NYPD officer in a subway brawl has filed a $5 million lawsuit against the city and the police department.

    Benjamin Marshall, 15, and his parents filed the civil lawsuit on Wednesday at the Family Court in Brooklyn, according to Attorney Sanford Rubenstein, who's representing Marshall and his parents. 

    Although the teen did not speak Wednesday, his parents said he was not involved involved in the altercation, but rather was down on the platform looking for his backpack when the officer lunged at him.

    "They are there to protect and serve us. Not the other way around. So I’m outraged right now,” the teen's dad Anothony Noel said.

    The altercation between groups of teens and police officers at the Jay Street-MetroTech Station in Brooklyn last Friday sparked outrage from elected officials after a video showing one of the officers hitting Marshall was posted on social media.

    "Publicly available video does not show the entirety of the incident, and the department is conducting a review," the NYPD said in a statement late Sunday.

    Officers were dispatched to Jay Street for reports of two large groups fighting, which officers followed into the nearby subway station, the NYPD said Monday. It was inside the station where a 15-year-old struck an officer. They didn't identify Marshall at the time.

    Five teens in total were arrested.

    Three 18-year-old men were charged with resisting arrest, obstructing governmental administration and disorderly conduct. One 16-year-old girl was charged with reckless endangerment and Marshall was charged with assault on a police officer, resisting arrest, obstructing governmental administration and disorderly conduct.

    Brooklyn Borough President Eric Adams, NYC Council Speaker Corey Johnson, and Public Advocate Jumaane Williams have all called for a complete and formal investigation.

    “The officer who punched the two teens should immediately be placed on modified assignment until a complete investigation can be carried out. At best, his actions were off base and reflect poorly on the men and women of the NYPD,” Adams said.

    "I am also concerned about what led up to this melee. Reports indicate a group of teens were assaulting a young lady, which led to a teen spraying mace throughout the station. We can’t have innocent people placed in harm’s way from police or civilians,” Adams concluded.

    Since the melee, the Brooklyn District Attorney's Office and the NYPD have launcehd investigations into the incident.

    "The officer involved is on non-enforcement duties. But first and foremost. There shouldn’t be fighting on the platforms especially teenagers because it’s an unsafe place," NYPD Commissioner James O'Neill said.

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