Associated Press
LOVING — A former Loving police chief has sued the village, claiming his rights were violated when village councilors fired him in 2005.
Harvey Rodriguez was hired as a police officer in February 1998 and was promoted to police chief in September 2000.
On May 9, 2005, Rodriguez received a letter from the village, stating he was fired.
According to the letter, Rodriguez's termination was due in part to the revocation of his driver's license — a result of his DWI arrest in December 2004 — and because he violated the Loving law enforcement code of ethics.
Rodriguez claims he was deprived of his right to appeal the firing.
Also named as defendants in the civil lawsuit, filed Dec. 20 in state District Court, are the Village Council and individual Councilors Richard A. Campos, Miranda Darcy, Pedro Estrada, Arturo Munoz and James Rodriguez.
An attorney for the village, Matt Byers, did not immediately return a message left Monday by The Associated Press.
In the lawsuit, Rodriguez claims the councilors conspired to have him arrested on the DWI charge, which later was dismissed.
Rodriguez claims state police Officer Pete Estrada Jr., a relative of Munoz, charged him with DWI despite the fact he passed a field sobriety test, the lawsuit states.
Rodriguez also says councilors fired him because he spoke out about an alleged cover-up of a DWI crash involving Munoz's son.
Former Loving police Officer Rachael Lassiter made similar claims in a lawsuit filed in November. Lassiter alleges her constitutional rights were violated when she was fired in 2004 after refusing to keep quiet about the crash involving Munoz's son.
Rodriguez is seeking compensatory and punitive damages. He claims the actions of the defendants caused him mental anguish, emotional distress, and the loss of wages and the ability to gain work.
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