Teen punched by cop during Brooklyn subway brawl to appear in court; family expected to file lawsuit

Posted at 8:01 AM, Oct 30, 2019
and last updated 2019-10-30 08:01:58-04

NEW YORK — The family of the teen punched by a police officer during a subway brawl in Brooklyn is planning to sue the NYPD and the city for $5 million.

The lawsuit is expected to be announced Wednesday, days after a police officer was seen on camera throwing punches at the young men, including 15-year-old Benjamin Marshall.

Officers had responded to a fight between two large groups of people on Jay Street on Oct. 25. The dispute then spilled into the nearby subway station, according to police.

As the fight continued, several people involved in the fight resisted arrest, with one of them punching an officer, authorities said.

Video shows the brawl that went on to include officers. In the video, at least one civilian and at least one officer appear to throw punches.

Five people were arrested, including three 18-year-olds charged with resisting arrest, obstructing governmental administration and disorderly conduct, police said. A 16-year-old 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, who is also a former NYPD officer, responded to the incident, arguing that his actions were off base. "You don’t use aggressive action on a passive resistor.”

The NYPD says the officer is off the streets as an internal investigation is underway. 

Marshall is among the teens scheduled to appear in court Wednesday.