A former Atlanta police officer charged within the deadly taking pictures of Rayshard Brooks outdoors of a Wendy’s restaurant in June has filed a lawsuit in opposition to the interim police chief and the mayor over his termination. His lawsuit was filed the identical day that prosecutors filed a movement to revoke his bond over an alleged journey violation.

Within the lawsuit filed Tuesday, Garrett Rolfe argues that he was improperly fired on June 13, in the future after Brooks’ demise, as a result of there had been no investigation or pre-disciplinary listening to and he didn’t obtain correct discover. This violated town’s municipal code and his constitutional rights, the swimsuit claims.

Rolfe has been charged with 11 counts, together with felony homicide and aggravated assault. His swimsuit argues, nonetheless, that his use of lethal power was lawful and in response to Brooks, who was Black, having displayed “violent, illegal, aggressive resistance to a lawful arrest.”

Brooks, 27, was fatally shot after police have been known as to the Wendy’s over experiences of a person sleeping in his automotive within the restaurant’s drive-thru lane. After taking a sobriety check and being questioned by officers, the Georgia Bureau of Investigation mentioned he ran away whereas pointing a Taser at one of many officers.

An post-mortem concluded that Brooks was shot twice within the again. His demise has been listed as a murder. 

Rolfe’s swimsuit additionally takes concern with the truth that the second officer on the scene, Devin Brosnan, has not been fired, and was as a substitute positioned on administrative responsibility. Brosnan has been charged with aggravated assault and violating his oath. Like Rolfe, he’s free on bond.

Rolfe is “entitled to obtain equal therapy below the legislation as in comparison with different officers who are equally located,” states the lawsuit, which requests a choose to carry a listening to and to order his rapid reinstatement with again pay, seniority and different advantages.

Prosecutors on Tuesday in the meantime filed a movement to revoke Rolfe’s bond, citing a Florida seashore journey he allegedly took that violated the phrases of his launch.

Rolfe’s bond order “expressly states that the Defendant is just allowed to depart dwelling for medical, authorized, or work-related obligations,” the movement says, in accordance with a replica obtained by The Related Press.

Prosecutors mentioned they aren’t conscious of him having acquired permission to journey. Rolfe “has clearly proven that he is not going to abide by the situations of bond imposed by the Court docket,” they mentioned within the movement. 

A consultant with the Atlanta Police Division declined to remark to HuffPost on Wednesday, citing the pending litigation. 

• This text initially appeared on HuffPost.