Burbank police HQ

The Burbank Police and Fire Headquarters in downtown Burbank. (Times Community News / August 31, 2007)

Calling the complaint “frivolous and malicious,” a federal judge has thrown out a lawsuit filed against the Burbank Police Department in which a convicted pimp claimed false imprisonment and racial profiling stemming from charges filed against him more than two years ago.

In November 2010, Odonga Rush, 41, was charged with two counts of identity theft and one count of forging a public seal after officers reported finding an unpaid ticket warrant and “a replica ID from California and credit cards in different names” in his wallet, according to the lawsuit.

The charges were eventually dismissed.

Rush claimed that he was subjected to “false imprisonment, racial profiling, slavery, cruel and unusual punishment and mental anguish” after officers arrested him “without probable cause,” according to the lawsuit filed in U.S. District Court in January.

Rush was seeking $2.9 million in damages.

But a U.S. District judge ruled last month that Rush failed to show that that the police officer had no reasonable suspicion to stop and question him. He also failed to show that his 4th Amendment rights were violated, the judge ruled.

Additionally, the judge ruled that the officer did have probable cause to search and arrest Rush for identity theft because, as he noted himself, he had an outstanding unpaid ticket warrant and credit cards in his wallet that didn’t belong to him, court records show.

Rush could not immediately be reached for comment. He remains in Los Angeles County jail after being convicted in August of three counts of pimping.

He is scheduled to be sentenced this month.

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Follow Alene Tchekmedyian on Google+ and on Twitter: @atchek.