The former Atlanta police officer charged in the shooting death of Rayshard Brooks is now suing Atlanta Mayor Keisha Bottoms and interim police Chief Rodney Bryant, for his job back, citing the firing violated his constitutional rights.
Garrett Rolfe was arrested in June after shooting and killing Brooks, a 27-year-old Black man, in the parking lot of an Atlanta Wendy’s. Rolfe was later charged with 11 counts, including felony murder, aggravated assault with a deadly weapon, criminal damage to property, and violation of oath.
In the suit, obtained by NBC News, the former officer claims that his action taken on the night of the June 12 shooting “was proper and in compliance with Georgia law,” as well as the police department’s policies.
Rolfe and Officer Devin Brosnan responded to a call on the night of June 12 regarding a man reportedly asleep in his car in the restaurant’s drive-thru. When the officers arrived on the scene, they encountered Brooks. Video footage from the officer’s dash and body cameras show that Brooks appeared to be cooperative as Rolfe and Brosnan questioned him for over 25 minutes.
According to the Georgia Bureau of Investigation, after Brooks reportedly failed a field sobriety test, a struggle ensued between him and the officers as they attempted to place him under arrest.
Footage shows that during the struggle, Brooks retrieved one of the officer’s stun guns and proceeded to run in the opposite direction. According to officials, while fleeing the scene, Brooks was believed to have turned around and pointed the stun gun at a police officer before being shot in his back twice.
After Brooks was shot, over two minutes passed, and he had yet to receive medical attention, Fulton County District Attorney Paul Howard said. At that time, Rolfe reportedly kicked Brooks’ body, while Brosnan stood on Brooks’ shoulders.
His death was later ruled a homicide by the Fulton County Medical Examiner’s Office, and Rolfe was fired.
In his suit, Rolfe claims that he was fired “without an investigation, without proper notice, without a pre-disciplinary hearing, and in direct violation of the municipal code of the city of Atlanta.”
The petition also notes that his fellow officer Brosnan, who was present during the shooting, was not fired but instead placed on administrative leave. Although, he was charged with one count of aggravated assault and two counts of violation of oath.
“Many other city of Atlanta police officers who have been charged with crimes, including felonies, have remained employed during the investigation and pendency of their criminal charges,” the petition states.
Through the petition, Rolfe is asking to be reinstated with back pay and benefits.
In a joint statement on Wednesday (Aug 5), Rolfe attorneys stated that the former officer is “entitled to due process, equal protection of the law, and the benefit of the city ordinances that protect every city employee.”
A spokesperson for the Mayor Bottom’s Office stated that “the City has not been served with a lawsuit at this time.” Meanwhile, the local police department said it “does not comment on pending litigation.”
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