The 15-year-old arrested in a subway altercation with officers that went viral still hasn’t faced a judge, a full week later.

Benjamin Marshall, 15, was arrested last Friday in the Jay Street-Metrotech Station scuffle between police and teens. Marshall’s attorneys say he wasn’t a part of the altercation and that police had no right to arrest him or punch him – as one officer was seen on video doing repeatedly. They filed a $5 million notice of claim for the injuries Marshall sustained in his arrest.

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Marshall was in back in court today. News 12 is told he was being interviewed by probation. His attorneys say his case is being handled differently since he’s a juvenile, but they are still calling for the case to be dropped.

“If anyone is to be prosecuted and should be prosecuted, and that we are seeing will be prosecuted, is the officer who engaged in the abuse of Mr. Benjamin Marshall,” says attorney Joey Jackson.

Marshall is due back in court Dec. 10 – it will be the first time he’ll face a judge.