A former police officer who filed a federal wrongful termination lawsuit against the city last month is dismissing the case for procedural reasons.
Separate from the lawsuit filed in March, Elfego Rodriguez in December asked the court to reverse the city’s decision to uphold his termination, which was a result of his internal administrative appeal.
He will wait until a decision is made on the December request – through which he is seeking attorney fees, back pay and benefits – to move forward with the wrongful termination lawsuit, said his attorney, Solomon Gresen.
“By this dismissal, we’re not agreeing that our claims have no merits,” Gresen said. “Instead, we’re essentially waiting for the completion of statutory prerequisites before pursuing our claims in court.”
Rodriguez is one of the 10 Burbank officers fired in 2010 for allegedly engaging in misconduct and using excessive force when handling a 2007 robbery investigation at Porto's Bakery -- allegations he has repeatedly denied.
He claims he was wrongfully terminated in retaliation for suing the city four years ago for racial discrimination and harassment.
-- Alene Tchekmedyian, firstname.lastname@example.org