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Teen punched by NYPD officer on video to file $5 million lawsuit

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CBS 2

NEW YORK (1010 WINS) – A teen seen being punched by an NYPD officer on a viral video is planning to file a $5 million lawsuit against the city and the NYPD.

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


The incident leading to the lawsuit happened when officers were responding to a fight between two groups at the Jay Street – Metrotech subway station on Oct. 25.

Video captured a brawl which led to five people getting arrested, and also appeared to show one officer throwing a punch at a boy.

Marshall was charged with assault on a police officer, resisting arrest, obstructing governmental administration and disorderly conduct.

The officer seen punching him was placed on desk duty.

Brooklyn Borough President Eric Adams, Public Advocate Jumaane Williams and NYC Council Speaker Corey Johnson called for a formal investigation and were concerned with officers crossing a line.

"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.

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