Garrett Rolfe, the former Atlanta police officer who was fired after he shot motorist Rayshard Brooks in the back during a traffic stop at a Wendy’s drive-thru, is suing the city because he claims the firing violated his Constitutional rights.
In another development, prosecutors have called for Rolfe’s bail to be revoked because Rolfe travelled to Florida, violating the terms of his release, the Associated Press reports.
Rolfe claims that he was fired June 13th “without an investigation, without proper notice, without a disciplinary hearing, and in direct violation of the municipal code of the City of Atlanta,” according to a lawsuit filed in Fulton County Superior Court.
Rolfe has been charged with 11 crimes, including felony murder, stemming from the June 12th incident in which a routine DUI stop ended with the 27-year-old Brooks fleeing and Rolfe shooting him twice in the back.
Atlanta police officials said Rolfe and fellow officer Devin Brosnan failed to follow police procedure in not advising Brooks he was being placed under arrest before trying to handcuff him, as well as Rolfe shooting Brooks in the back as Brooks tried to flee the scene.
Brosnan is still employed by the Atlanta police department, but he is cooperating with prosecutors. He has been charged with aggravated assault and violating his oath and is also free on bond.
Rolfe’s lawsuit uses Brosnan’s status as a basis for the suit, saying that other officers have been retained even while facing charges. It claims Rolfe’s use of deadly force was within department guidelines and that he was fired in violation of the procedures outlined in city code.
Prosecutors called for Rolfe to be taken into custody because he violated his bond agreement which “expressly states that the Defendant is only allowed to leave home for medical, legal, or work related obligations.”