DOJ says Phoenix police routinely violated constitutional rights
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After a three-year investigation into the Phoenix Police Department, the U.S. Department of Justice says it found a pattern of discriminatory enforcement and violations of constitutional rights.
Why it matters: The DOJ's 126-page report includes a first-of-its kind finding on homeless people's rights, and outlines 37 recommended reforms, including changes to use-of-force policies, increased accountability and improved training.
The big picture: The DOJ says Phoenix police violated constitutional rights with patterns or practices of:
- Using excessive force, including unnecessary deadly force
- Arresting homeless people without reasonable suspicion of crimes and improperly seizing or destroying their property
- Engaging in discriminatory enforcement against Black, Latino and Native American people
- Violating the rights of protesters engaging in constitutionally protected speech
- Discriminatory enforcement against people with behavioral health problems
What they're saying: "This finding is historic. This marks the first time the Justice Department has found violations of civil or constitutional rights of people who are homeless," assistant attorney general Kristen Clarke, of the DOJ's Civil Rights Division, told reporters during a virtual press conference Thursday.
Catch up quick: The DOJ began investigating PPD in 2021 in response to allegations of excessive force, discriminatory practices and other problems.
- The process included interviews plus reviews of thousands of pages of documents and hours of body camera footage, as well as other materials,
What's next: DOJ will work with the city to find a "mutually acceptable" path forward, Clarke said, adding that in the agency's experience, consent decrees and independent monitors have been the kinds of measures "needed to ensure lasting and meaningful reform."
- "This is one instance where we can't count on the police to police themselves."
Between the lines: Among incidents and findings DOJ highlighted in its report were:
- Officers in 2017 circulating a "challenge coin" to commemorate the occasion when a protester was shot in the groin with a projectile.
- Officers shooting a man, firing nonlethal rounds at him on the ground, then having a police dog drag him to them. Officers didn't begin providing first aid until 9 minutes after they shot the man, who died.
State of play: Interim police chief Michael Sullivan, who was hired in 2022 to help see the department through the investigation, emphasized that PPD has already implemented a number of reforms, including de-escalation training for officers and training to help officers step in when they see misconduct by fellow officers.
- Sullivan said the improvement process is a continuous one, telling Axios, "There is not a finish line."
- City manager Jeff Barton told Axios the city is willing to do the hard work needed to make changes, but that doesn't necessarily have to be through a consent decree.
How it works: A consent decree is a legally binding agreement to make specified changes, supervised by a federally appointed monitor.
- In recent years, the DOJ has entered into consent decrees with police departments in Baltimore, Louisville and Minneapolis.
The other side: The Phoenix Fraternal Order of Police Lodge 2 said in a press statement that the report is "full of half-truths, unsubstantiated accusations, and haphazard, illogical conclusions."
Phoenix Mayor Kate Gallego said in a press statement that she wouldn't comment until she's had an opportunity to thoroughly review the DOJ's findings, and that the City Council will meet in executive session on June 25 to get legal advice and discuss its next steps.
Editor's note: This story has been updated with additional information and quotes from the interim police chief, the city manager and the Phoenix Fraternal Order of Police Lodge 2.