$5 Million Lawsuit Filed Over Police Punch In Subway Melee
NEW YORK (CBSNewYork) - Criticism is mounting after an NYPD officer was caught on camera punching at least two teenagers during a subway brawl in Brooklyn.
One of the families filed a lawsuit Wednesday against the city, claiming the cop used excessive force.
The NYPD and the city are being criticized over the video. In it, after the officer punched one teen, he suddenly turned and took a swing at 15-year-old Benjamin Marshall.
The high schooler's parents say the attack is disgraceful.
Watch: Lawsuit Filed After Teen Punched By Officer Amid Subway Brawl
"If you look at the video, he's laying on the ground, and there were about six cops on his back, and one had his knee on his neck, and Benjamin was calling out 'I can't breathe,'" said Anthony Noel, Benjamin's father.
Police were gathered at the Jay Street-MetroTech station last Friday because a fight had broken out between two groups of kids.
Five people under 18 years old were arrested.
Officers say what the video doesn't show are the teens resisting arrest.
They say one even punched an officer.
"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," said Police Commissioner James O'Neill.
But Benjamin's attorney says his client was not part of the fight. He claims the teen was on the platform to retrieve his backpack when he was punched.
They're suing the city for $5 million.
"Assaulting an individual for no reason, that is unacceptable," said attorney Sanford Rubenstein.
Local community activists are also calling for discipline.
"The subject of prosecution in this case should be the officer who inflicted the blow and blows upon him," said activist Joey Jackson.
The Brooklyn District Attorney's office has launched an investigation.
O'Neill says he can't comment on pending litigation but that the officer involved is now on non-enforcement duty.
