NYPD Commissioner Jessica Tisch’s final decision not to fire Lt. Jonathan Rivera for killing Allan Feliz in 2019 may not be so final.
On Oct. 15, Feliz’s family filed an Article 78 lawsuit, which allows individuals to challenge administrative decisions under New York State Law. The litigation follows Tisch’s unprecedented override of the NYPD’s own ruling to prevent the officer’s termination.
Earlier this year, NYPD Deputy Commissioner of Trials Rosemarie Maldonado — ostensibly the police department’s administrative judge — determined Rivera broke serious department policies when he fatally shot Feliz during a traffic stop after challenging his testimony’s veracity. He would be fired based on the police department’s rulebook.
However, such disciplinary decisions require the NYPD Commissioner’s rubber stamp. For months, Tisch bided her time before tentatively overriding the ruling in July and finalizing the call in August.
Feliz’s brother Samy, says the family pursued an Article 78 after discussions with lawyers who supported their recent efforts. For months, civil rights legal organizations like the Center for Constitutional Rights (CCR) and LatinoJustice PRLDEF openly backed rallies calling for Tisch to terminate Rivera.
“We thought that by doing this, it would be our best way to navigate for justice and ensure that we get the transparency and the accountability that we so hardly fought for [over] the last six years,” said Samy Feliz. “And just also understanding that our struggle in our fight is far from over. We want to continue to, [with] every avenue that we have at our disposal, ensure that we get what is right, and what we know is true: that this officer is a menace.”
Rivera faces potential discipline for another misconduct allegation investigated by the Civilian Complaint Review Board (CCRB), the city’s independent police oversight agency handling individual complaints. He was promoted from Sergeant to Lieutenant after killing Feliz.
Through his advocacy, Samy Feliz joined the Justice Committee, a member organization founded by two former Young Lords for family members of those killed by police violence. It also serves as a plaintiff in the case.
Criticism of the police commissioner’s ability to override a disciplinary ruling is nothing new. But retaining Rivera is likely the authority’s boldest application. Just one other officer faced similar disciplinary measures through a Maldonado ruling: Daniel Pantaleo for killing Eric Garner. Then-NYPD Commissioner James O’Neill swiftly approved his termination in 2019.
The NYPD pointed to the City Charter in response to the lawsuit. “The commissioner shall have cognizance and control of the government, administration, disposition, and discipline of the department, and of the police force of the department,” said a police spokesperson.
CCR Staff Attorney Samah Sisay says the lawsuit argues against the NYPD Commissioner’s total discretion laid out in the city charter if such a decision is “arbitrary or capricious” based on the agency’s own rules and regulations. She points to Tisch’s refusal to even lessen the disciplinary action and how the commissioner’s written justification relies heavily on an older State Attorney General report focused on criminal standards rather than the NYPD’s own administrative parameters.
“Generally, what the courts find, especially with an administrative proceeding, like a disciplinary proceeding…[is] whatever decisions come out of administrative processes have to be based on something,” said Sisay. “They can’t just be arbitrary. They can’t be some elected official or agency head just using their discretion in a way that’s not grounded in evidence or in the law.”
She adds that a successful verdict may create a primer for others impacted by police violence to continue fighting for accountability. “If we are successful in this litigation, what it will do is show the NYPD that there are consequences of decisions that are made that are not based in evidence and based in fact [and] an abuse of discretion,” added Sisay. “And families won’t just sit back and take this. They will find other avenues to challenge the decision. In the past, the NYPD has been used to people not challenging commissioner decisions because there’s a narrative that exists that is final, and there’s not much that you can do to challenge it.”
Last week also marked six years since Rivera killed Feliz, who at the time had recently become a father. “It was a somber moment in understanding that there are still big shoes to fill,” said Samy Feliz. “That Allan was somebody who was very instrumental in our family dynamic and also ensured to bring happiness and joy in everything that he was a part of.”