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

What to Know

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

  • Attorney Sanford Rubenstein, who's representing Marshall and his parents, is expected to announce the lawsuit on 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 plans to file a $5 million lawsuit against the city and the police department.

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

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.

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October 30, 2019 at 12:37AM
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Teen Punched by NYPD Officer in Viral Video to File $5 Million Lawsuit - NBC New York
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