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Decision on former Burbank officer's case put on hold

Former Burbank officer will have to wait until Dec. 5 for judge's decision.

October 28, 2011|By Maria Hsin, maria.hsin@latimes.com
  • Solomon E. Gresen, Esq. addresses the news media regarding the law suit filed by these five police officers against the Burbank Police Department in Brentwood Monday June 1, 2009. (File photo)
Solomon E. Gresen, Esq. addresses the news media regarding…

A federal judge who was scheduled to make a final decision Thursday in a case involving a former Burbank police officer’s claims of discrimination and retaliatory firing instead put the matter on hold until Dec. 5.

Last week, U.S. District Court Judge George Wu issued a tentative ruling dismissing former Burbank police officer Elfego Rodriguez’s lawsuit against the city. In doing so, the judge agreed with city attorneys that Rodriguez first needed to allow the termination appeals process to run its course before suing.

Court documents show Rodriguez was terminated in June 2010 for allegedly using excessive force. Rodriguez contends the claim has no merit and that it is the result of a conspiracy against him.

In June, a multi-day administrative hearing was held before an arbitrator, court documents show. The arbitrator will make a recommendation to City Manager Mike Flad, who will then make the final decision about Rodriguez’s employment.

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Burbank Senior Assist. City Attorney Carol Humiston said if either side is unhappy with the decision, a writ could then be filed in Los Angeles County Superior Court.

The judge scheduled the December deadline to allow a motion to dismiss the case to be filed on behalf of Chief Assistant City Atty. Juli Scott, who is also named in the lawsuit. The city of Burbank and former Police Chief Tim Stehr are also named, and motions to dismiss on their behalf have already been filed.
 
 

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