The same judge dismissed another officer, Jamal Childs, from the case in March, ruling that racial epithets directed at him fell outside the statute of limitations, and that more recent comments were not directed at him personally.
Attorney Solomon Gresen, who is representing Rodriguez and the four other officers, argued that the officer complained to superiors in 2007 after a sergeant told him, “You look like the guys we chase.”
“You really have a police department where we presented a tremendous amount of evidence of a department in a complete state of disarray with respect to race-based issues,” Gresen said in court Friday. “When you have a situation like this, the only resource a cop has is to come to a judge and say, ‘Judge, this isn’t right.’”
The department in the last year has been jolted by a federal probe into allegations of excessive force and five civil lawsuits filed by a total of eight current and former officers.
Rodriguez, along with Lt. Omar Rodriguez and Officers Childs, Steve Karagiosian and Cindy Guillen-Gomez, also charged in their May 2009 lawsuit that the department has for decades pursued hiring practices that favor heterosexual white men.
Rodriguez, in court documents, said he was passed up for a promotion after making the complaints, despite being among the highest scorers of an aptitude test for the department’s Special Response Team, known commonly as SWAT.
He later joined the Special Enforcement Detail, a unit responsible for making high-risk arrests, until it was disbanded last year.
Gresen argued that reasons why the unit was dissolved should be explored at trial.
He pointed to an incident involving an erasable white board on which someone had scrawled the comments “I tell you everything .?.?. 100%” and “Sir, please, I beg you.”
The phrases were regularly made through a thick Armenian accent, Gresen said.