A federal judge Monday dismissed a discrimination lawsuit filed by a former Burbank police officer, ruling his claims are moot because he has yet to complete the city’s appeals process.
Elfego Rodriguez, who is of Guatemalan descent, stated in court documents that he was fired in June 2010 due to his ethnicity, and not due to an excessive force allegation, a claim he has maintained is bogus. U.S. District Judge George Wu, however, ruled that Rodriguez needed to allow the city’s internal process to run its course prior to filing suit. After that is completed, Rodriguez would have the right to refile the federal claim.
Rodriguez is currently fighting to get his job back through the city’s appeals process. In June, a multiday administrative hearing was held before an arbitrator, federal court documents show. The arbitrator will make a recommendation to City Manager Mike Flad, who will then make a decision about Rodriguez’s employment.