PEABODY – It?s back to the courtroom for suspended Peabody firefighter John Brophy Jr.The 45-year-old filed a complaint Thursday in Salem Superior Court against Mayor Michael Bonfanti, Fire Chief Steve Pasdon and the city of Peabody, alleging conspiracy, contempt, and selective prosecution.His case is scheduled to be heard Thursday, May 22 in Newburyport Superior Court at 2 p.m.Brophy?s battle against the city began three years ago when he was fired from the department after he allegedly slept through a 911 call about an infant having trouble breathing. An arbitrator ruled in his favor, ordering the city to give him his job back after a 30-day suspension.After appealing the ruling twice, Bonfanti and Pasdon lost their case and were forced to put Brophy back on the payroll as of April 13. However, they set several standards and guidelines for Brophy to follow before he could fully reclaim his role in the department, which now stand at the base of his current complaint.In a letter written by Pasdon, Brophy was told that he needed to successfully complete medical and hair follicle drug testing, followed by a minimum of two weeks of fitness training and one week of 1st Responder, CPR, and AED training before being reinstated.After failing to keep the appointments, Pasdon, feeling he had no other option, suspended Brophy for a period of 12 days and scheduled a disciplinary hearing with Bonfanti for May 20.?Attorney (Dan) Cocuzzo specifically asked you whether you realized you were in violation of direct orders from Chief Pasdon when you refused to report for the testing. You again answered in the affirmative,” wrote Bonfanti in a letter to Brophy dated May 7, 2008. “At this juncture, the city has a duty and obligation to the citizens of Peabody to contemplate further discipline.”Brophy, who has been working as a licensed plumber since his official termination in May 2006, claims that his new job in Malden is the cause of his many missed meetings.?I requested the city, through my attorney, to delay my reinstatement to the department so that I can complete the project?as I would suffer severe financial harm if I did not complete my contract,” wrote Brophy in his affidavit. “The city refused my request.”His current plumbing contract required Brophy to take an $80,000 bond against his home in order to complete the work by July.?If I default on the bond, I will lose any income I would have earned and potentially lose my home,” Brophy continued. “And I and my family will suffer irreparable harm.”Brophy is asking of the court to order Bonfanti, Pasdon, and the city to cease disciplinary actions against him; remove disciplinary actions taken against him from his personnel file; not discipline him for alleged insubordination; allow him to complete his Malden project; and implement the original arbitration award.Neither defense nor prosecuting attorneys could be reached for comment Friday.