Teenager Filmed Being Punched During NYPD Subway Brawl Sues for $5 Million: 'In This Case, the Police Officer Should Be Charged'

A teenage boy who was hit in the face by a New York Police Department officer during a mass brawl on a subway platform is suing the force for $5 million.

Benjamin Marshall, 15, was one of five teenagers arrested following an altercation at the Jay Street-MetroTech station on October 25, which was captured on video.

In a clip of the incident, officers can be seen struggling to restrain a number of young people before one officer proceeds to punch a teen suspect in the head. The same officer then walks up to Marshall and punches him, too.

Marshall reacts by exchanging blows with the officer before he is restrained and placed in handcuffs on the ground.

At a press conference announcing the planned $5 million lawsuit, Marshall's father, Anthony Noel, said the 15 year old was at the subway station to retrieve his backpack when he was assaulted by the officer.

"While he was there he was punched multiple times by one of New York's finest—which should never happen," Noel said, reports the New York Post. "If you look at the video you would see he was laying on the ground."

"There were about six cops on his back. One had his knee on his neck. Benjamin was crying out 'I can't breathe, I can't breathe, I can't breathe.'"

The teenager reportedly suffered a concussion as a result of the blow to the head.

Marshall was arrested on suspicion of assault on a police officer, resisting arrest, obstructing governmental administration and disorderly conduct following the incident.

The teenager's lawyer, Sanford Rubenstein, said all charges against his client should be dropped.

"In this case, the police officer should be charged, assaulting an individual for no reason," he said, via News 12 Brooklyn.

Speaking to reporters outside the Brooklyn Family Court, Rubenstein added: "We are urging an independent investigation by the district attorney's office, independent of the NYPD because the NYPD should not be investigating itself.

"An independent investigation by the Brooklyn District Attorney's Office is the way this matter should be handled, with a view towards the criminality of the actions of this police officer."

The NYPD declined to comment on the lawsuit when reached for comment and instead referred back to comments made by Commissioner James O'Neill at an October 30 press conference.

"It looks like there is pending litigation so I'm not going too deep into it. But as a transit cop, the NYC subway is an inherently unsafe place," O'Neill said.

"People have a responsibility, a duty, to comply with the police. If there is a fight, and it happens with young kids, I understand that. But when police come, they need to stop and they will be safe."

O'Neill also confirmed that the officer, who has not been named, is currently on non-enforcement duty pending an investigation.

Several New York officials, including Brooklyn Borough President Eric Adams and Council Speaker Corey Johnson, called for a full investigation into the incident.

"This video shows a situation that clearly spun out of control, and the public has a right to know how this happened," Johnson tweeted. "We need a full investigation, and discipline against any and all officers that acted inappropriately or used excessive force."

NYPD
A woman walks by a New York City Police Department vehicle on April 6, 2010 in New York City. A 15-year-old boy who was punched in the face by an NYPD officer is suing for the force for $5 million. Spencer Platt/Getty
Teenager Filmed Being Punched During NYPD Subway Brawl Sues for $5 Million: 'In This Case, the Police Officer Should Be Charged' | U.S.