Family of man shot by NYPD sergeant files lawsuit contesting decision to keep officer employed.

The family of Allan Feliz, a man fatally shot by police during a traffic stop in the Bronx over six years ago, has initiated legal action against New York City Police Commissioner Jessica Tisch. This lawsuit centers on Tisch’s controversial decision to retain the employment of Lieutenant Jonathan Rivera, who discharged his weapon during the incident. The action represents a notable and potentially unprecedented challenge to a police commissioner’s authority in a disciplinary context.

Filed in Manhattan Supreme Court, the lawsuit, which also includes support from the Justice Committee, asserts that Tisch’s decision, made after an administrative investigation, was unjustified. Specifically, the family is seeking to overturn Tisch’s ruling and is requesting that Rivera be terminated, in alignment with the initial recommendation from NYPD Deputy Commissioner Rosemarie Maldonado. Earlier this year, Maldonado found Rivera guilty of first-degree assault related to the shooting and suggested that he be dismissed from the police force.

The legal action argues that Tisch’s memorandum, which expressed disagreement with Maldonado’s findings, represents an arbitrary exercise of discretion. The lawsuit emphasizes that despite Maldonado’s detailed analysis of Rivera’s conduct in the disciplinary hearing, Tisch sided with the investigators from the state attorney general’s office who did not pursue criminal charges against Rivera. Notably, the attorney general’s report indicated that, although Rivera’s belief about imminent danger was not entirely accurate, it was not obviously unreasonable under the circumstances.

Key to the lawsuit’s claims is the assertion that Tisch failed to adequately consider new evidence and the gravitas of Maldonado’s findings. According to the family’s attorneys, the commissioner has overstepped her jurisdiction in contravening the credibility determinations made by an independent hearing officer. This legal maneuver initiates an Article 78 proceeding, which allows for the judicial review of administrative decisions made by city agencies.

Legal experts have expressed skepticism regarding the potential success of this lawsuit, as it is uncommon for families of individuals shot by police to seek judicial intervention to challenge a police commissioner’s disciplinary decisions. Some attorneys have suggested that the family may not have standing, as they were not direct participants in the administrative case against Rivera.

On October 17, 2019, Rivera and two other officers stopped Feliz for violating a seatbelt law. The encounter escalated when Feliz attempted to flee, leading to the eventual fatal shooting. Rivera’s justification for his actions is a focal point of the original inquiry, as he claimed he feared for the safety of another officer during the incident. The complexity of the case, along with the sensitive nature of police accountability issues in New York City, continues to generate significant public interest.

The NYPD and the city’s Law Department have not publicly commented on the ongoing litigation, citing a lack of access to the lawsuit’s particulars. As the case unfolds, it will add to the ongoing dialogue regarding the relationship between law enforcement practices and accountability in urban policing.