Former officer Bob Pacovsky had asked the 5th U.S. Circuit Court of Appeals to reinstate his lawsuit against the city of Booneville and its police chief. A federal judge in Mississippi in 2008 dismissed the lawsuit filed by Pacovsky and officer Christopher Davis.
Davis is not a party to Pacovsky's appeal, according to court documents.
A three-judge panel of the 5th Circuit on Thursday sided with U.S. District Judge Sharion Aycock of Aberdeen, Miss., who ruled the city and the chief had a legitimate reason for firing the two officers.
According to the court record, the officers were fired in 2005 after a chase that ended when the fleeing suspect slammed into their patrol cars.
After an investigation, five officers received punishments ranging from written reprimands to termination.
Davis was 43 and Pacovsky 54 at the time. They claimed that younger officers who totaled their patrol cars in 2006 were treated more favorably and were not fired. The lawsuit contended those officers were all younger than 40.
The city had argued Pacovsky didn't prove that his age had anything to do with his firing.
Pacovsky argued in court documents that he has raised issues — such as the actions against other officers — that should be considered by a jury.
The 5th Circuit panel said Pacovsky has failed to produce any evidence to rebut the city's reasons for his firing.
The panel said Pacovsky violated a direct order of a superior to stop the pursuit. The panel said Pacovsky created a danger by trying to stop a fleeing suspect going over 100 mph by blocking the suspect's path with his car and another officer's car.
The panel also said Pacovsky's actions were not justified by the circumstances because he became involved in a pursuit in which he knew other officers were already engaged and he did not know what the suspect was accused of when he attempted to stop him.