In a motion, Howard said Rolfe, fired soon after Brooks’ death, must abide by bond conditions including a 6 p.m. to 6 a.m. curfew and is allowed to leave his metro Atlanta home only for medical appointments, meetings with attorneys or job-related issues.
“Thus, (the) Defendant has clearly shown that he will not abide by the conditions of bond imposed by the Court,” Howard’s motion states.
Rolfe became a flashpoint for protesters against police brutality after the fatal encounter at a Wendy’s near downtown. It was torched the day after Brooks’ death and razed about a month later, after the shooting death of 8-year-old Secoriea Turner.
The night Brooks died, Rolfe and Officer Devin Brosnan had responded to a call reporting that a motorist had fallen asleep in the drive-thru line. As Rolfe attempted to handcuff Brooks following a breathalyzer test, a scuffle ensued and Brooks grabbed Brosnan’s Taser. Rolfe fired and Brooks died from two gunshot wounds to the back, according to investigators.
In his lawsuit, filed Tuesday, Rolfe says Brooks violently resisted arrest and that the shooting was justified. Howard said Brooks posed no threat to the safety of the officers.
Rolfe’s suit centers on what he says was a lack of due process. His dismissal, announced by Mayor Keisha Lance Bottoms and former Atlanta Police Chief Erika Shields, happened “without an investigation, without proper notice, without a pre-disciplinary hearing, and in direct violation of the municipal code of the City of Atlanta,” his lawsuit states.
Rolfe is seeking to have his job reinstated, along with back pay and benefits. The lawsuit also names interim Chief Rodney Bryant. Shields resigned the day after the shooting.
“Contrary to city policy as well as the policies, procedures, customs, and practices of the City of Atlanta Police Department, petitioner was never interviewed by the Office of Professional Standards or any individual regarding this incident to provide his statement,” the suit states.
Brosnan, charged with aggravated assault and violating his oath of office, was not fired but has been reassigned, APD previously said. Brosnan also is free on bond.
Rolfe’s lawsuit is the second against the city in two months filed on behalf of former officers. In June, two Atlanta police officers filed suit after they were fired for using their Tasers on two college students amid citywide protests.
Rolfe’s attorney has asked for a hearing on the matter. No date has been scheduled for the bond revocation hearing.