NEW YORK — The family of one of the teens arrested in the subway melee involving police officers speak out as they plan to file a $5 million lawsuit against the NYPD and New York City .
Victoria and Anthony Noel both say that their son, 15-year-old Benjamin Marshall, was never involved in any brawl and was only at the station to retrieve his backpack.
Video shows Marshall being punched by police and returning blows.
Marshall's parents say the teen was only trying to protect himself. They believe the officer, who is currently assigned to be off the streets, should be fired.
Attorney Sanford Rubenstein argues that Marshall is a young, intelligent boy who has never gotten into trouble before.
Rubenstein, Marshall and Marshall's parents sat down with PIX11 to discuss the incident and the lawsuit being filed.