The family of a man who was shot and killed by police nearly two years ago during a vehicle chase in Passaic County has filed suit against the Riverdale Police Department and the officer alleging wrongful death and civil rights violations.
Michael Rivera, 32, of Newark, died Jan. 23, 2020 after Riverdale police officer Andrew Duffy initially attempted to pull over Rivera, who was suspected of shoplifting from a Home Depot, acccording to the lawsuit filed on behalf of Rivera’s estate Rivera
Rivera didn’t stop and Duffy gave chase along Hamburg Turnpike, crossing over from Morris County into neighboring Bloomingdale in Passaic County, and Bloomingdale officers joined the pursuit.
Video from Duffy’s dash-mounted camera captured the officer telling dispatchers that Rivera was driving at about 80 miles per hour and dangerously passing other vehicles. At one point, according to the video, Rivera doubled back and drove toward Duffy, who proclaimed, “He almost hit me!”
The pursuit ended on a cul-de-sac in Bloomingdale. Other officers where already there by the time Duffy arrived, and Rivera drove his SUV over a snowy lawn to try to turn around and escape. As he came back toward the street, he drove toward Duffy’s patrol vehicle as the officer opened his door to get out.
Prosecutors said the vehicles collided and Duffy’s foot was pinned in in the door. The dash camera audio captured the sound of 14 shots from Duffy’s service weapon. Rivera was later pronounced dead.
Duffy was cleared of criminal wrongdoing earlier this month when a grand jury declined to indict him.
Reached by phone Thursday, Duffy referred comment to the police department, which said it had no comment. Borough officials said they had not yet received the suit.
The lawsuit — which was filed by Rivera’s partner, Nelly Rodriguez, with whom he had a child and who is administering his estate — argues the shooting was unjustified.
The estate’s attorney, Brooke Barnett, wrote that Bloomingdale officers had the exits to the cul-de-sac blocked and that they “would shortly have effected an arrest” of Rivera. None of the Bloomingdale officers fired their weapons.
“Somebody had to die over a police chase where you’re going to another town that aggressively, for what?” Barnett told NJ Advance Media. “That’s what happens when you engage in those sorts of pursuits, the adrenaline starts pumping.”
Barnett created a timeline using video released by the state Attorney General’s office that she said disputes Duffy’s assertion that he fired after his foot was pinned. She said the video shows that Duffy fired before the vehicles made contact.
The suit alleges Duffy used excessive force and that Riverdale failed to train, supervise or discipline Duffy.
After the death of George Floyd in Minneapolis in the summer of 2020, Rivera’s fiancee and young son protested to bring attention to the New Jersey shooting.
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Josh Solomon may be reached at jsolomon@njadvancemedia.com.
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