Garrett Rolfe, the former Atlanta police officer facing a felony murder charge over the fatal shooting of Rayshard Brooks, on Wednesday sued the mayor and the city police department over what he alleges was a wrongful firing.
In a legal complaint filed in Fulton County Superior Court, Rolfe claimed that his dismissal on June 13 was carried out “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 lawsuit, which names Atlanta Mayor Keisha Lance Bottoms and Interim Atlanta Police Chief Rodney Bryant as defendants, alleges that Rolfe’s firing violated his legal rights to procedural due process and equal protection. It asks that officials be compelled to reverse the officer’s dismissal and reinstate him to the force while also providing back pay.
Rolfe, who joined the Atlanta Police Department in October 2013, was fired just one day after he fatally shot a Brooks, a 27-year-old Black man, after responding to a complaint that a man was sleeping in his car at Wendy’s drive-thru. The other responding officer, Devin Brosnan, was placed on administrative leave.
The shooting came just weeks after the police killing of George Floyd in Minneapolis and sparked a fresh wave of protests in Atlanta. Atlanta Police Chief Erika Shields also announced her resignation immediately after the shooting of Brooks.
Video of the incident showed that Brooks was involved in a struggle with Brosnan and Rolfe after they encountered him in a Wendy’s restaurant parking lot. Footage showed that Brooks obtained an officer’s stun gun at one point. He turned and fired it at an officer as he ran away. Rolfe retrieved his firearm and fired at Brooks.
Rolfe is facing 11 charges, including felony murder and aggravated assault. Prosecutors are alleging that Rolfe said “I got him” and kicked Brooks’s body after shooting him.
Rolfe’s lawsuit claims that Brosnan committed similar conduct, but that he has not faced disciplinary action outside of being put on administrative leave. It also claims that many other Atlanta police officers have remained on the force as criminal charges against them were investigated.
Brosnan was charged with three counts, including violating his oath as an officer, on the same day that charges were filed against Rolfe.
The Atlanta Police Department declined to comment to The Hill, citing pending litigation.