Teen Plans to Sue NYPD For $5 Million Over Subway Assault Incident

Photo Credit: Twitter

Benjamin Russell 15, was reportedly “charged as a juvenile with assaulting a police officer” after a video went viral of him being punched by an unnamed cop.

The family of the teen who was physically assaulted by NYPD officers in Brooklyn last week is planning to sue the city for $5 million.

In the video on the subway platform that went viral, Benjamin Marshall, 15 was punched in the face by an officer on Friday afternoon, reports the New York Daily News. Marshall, a student at the Science Skills Center High School was reportedly one of five teens who were arrested after two groups were seen allegedly fighting.

His parents have stated that he was not a part of the fight. The New York Daily News shares that Marshall followed his friend into the station to retrieve his backpack.

Anthony Noel, his father shares his recollection of the incident in a statement:

“While he went down into the train station, there was a lot of cops, a lot of students. They were arresting a couple people. When he got down on the platform, one of his friends called out to him, and when he looked over, he got punched multiple times by a police officer in his head. Then he was slammed to the ground. About six of them or eight of them were on top of him. One put his knee in his neck. He kept saying, ‘I can’t breathe, I can’t breathe,’ and they would not let up. They handcuffed him. Slammed him into a sign. There’s no words to describe what I’m feeling right now besides being furious and angry with what happened.”

Noel later shared that officers at Brooklyn’s 83rd precinct reportedly lied and said that Marshall attacked the officer. Additionally, his parents said they left the precinct at 8:45 p.m. after “cops refused to let them see him.” At 2 a.m. they received a call from a doctor “seeking permission to treat him.”

Sanford Rubenstein, the family’s lawyer said “he was planning to file a notice of claim on behalf of the family on Wednesday.” The notice, which is the first step in filing a lawsuit explicitly names the city, the NYPD and the unnamed policed officers, according to New York Daily News. The Daily News later found that the officer who punched Marshall has a “history of excessive force complaints.”

Benjamin was reportedly charged “as a juvenile with assaulting a police officer,” his criminal case was today at 10 a.m. in family court.

Source: New York Daily News

Robyn Mowatt

Robyn Mowatt is a Staff Writer at Okayplayer where she covers culture, music, and fashion. You can see what's on her mind on Twitter at @robyn_mowatt.

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