After being charged with the killing of Rayshard Brooks, former police officer Garrett Rolfe is suing to get his job back. Rolfe claims that his constitutional rights were violated when he was fired.
What We Know:
- On Tuesday, Rolfe and his attorney filed a suit against Atlanta Mayor Keisha Lance Bottoms and interim police Chief Rodney Bryant in Fulton County Superior Court. It states his dismissal violates the procedural due process and equal rights guaranteed by the Fourteenth Amendment to the US Constitution.
- Rolfe and Officer Devin Brosnan were both arrested and charged after Rolfe fatally shot Rayshard Brooks in a Wendy’s parking lot on June 12th. Police surveillance and body cams showed the officers following up on a complaint and conducting a sobriety test. When they tried to arrest Brooks, he resisted, grabbed a Taser and fired it at Rolfe, who shot him twice in the back. Rolfe is charged with 11 counts, including facing felony murder, aggravated assault with a deadly weapon, violation of oath, and criminal damage to property for killing Brooks.
- In the lawsuit, Rolfe says that his use of force at the time of the shooting “was proper and in compliance with Georgia law and police training provided to him by the City of Atlanta Police Department.” It continues to say 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.”
- It alleges that Officer Brosnan engaged in similar conduct, yet he was not dismissed, put on leave, or assigned to non-enforcement duties.
“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 says.
- Rolfe wants to be reinstated immediately, including back pay and restoration of any compensation or leave from employment. The spokesperson for the police department and the mayor’s office have not responded publicly to Rolfe’s lawsuit.
- On the same day, Fulton County District Attorney Paul Howard filed a motion to revoke Rolfe’s $500,000 bond after he received an email from the defendant’s attorney that he went to Florida for vacation without first obtaining permission, confirmed using the records from the ankle monitor. The bond order states the defendant could only leave his home to attend medical, legal, or work obligations.
Rolfe’s attorney has not commented on the district attorney’s motion to revoke his bond.
