Attorney for armed, masked Phoenix cop at student ICE protest demands reinstatement

PHOENIX — The attorney for Phoenix Police Sgt. Dusten Mullen issued a statement demanding the department reinstate his client and retract a media advisory suggesting misconduct.

Mullen was placed on administrative leave last week after showing up armed and masked to a student anti-ICE protest in Chandler while off duty.

In a letter addressed to Phoenix Police Chief Matt Giordano, and sent to media outlets, attorney Steve Serbalik wrote that Mullen’s off-duty decision to attend a protest or counter-protest “falls squarely within” constitutionally protected activity under both the First Amendment and Article II, Section 6 of the Arizona Constitution.

“Placing Sgt. Mullen on administrative leave and issuing a media advisory that suggests misconduct based solely on his lawful, off-duty expressive activity appears to chill the exercise of constitutionally protected speech and risks violating both federal and state constitutional guarantees,” Serbalik wrote.

Serbalik, a Scottsdale-based attorney who says he represents hundreds of Phoenix Police Department members, representing high-profile officer cases, pointed out that the department acted only after Phoenix Councilwoman Anna Hernandez requested employment action against Mullen.

Mullen confronted students at Chandler anti-ICE protest

The dispute stems from a late January incident in which Mullen, while off duty, showed up armed and masked to an ICE protest organized by Hamilton High School students in Chandler, according to a Chandler police report. The report stated Mullen confronted students and told officers his plan was to let protesters assault him so they could be arrested, and that he was calling other armed individuals to the area.

A 15-year-old girl was arrested during the protest for allegedly throwing water on Mullen. The Maricopa County Attorney’s Office reportedly declined to pursue charges against her.

OD Harris, a Chandler council member, appeared on KTAR News 92.3 FM’s Outspoken with Bruce & Gaydos, calling Mullen “a disgrace to the badge.”

Were his actions protected by the first amendment?

Chief Giordano placed Mullen on administrative leave Friday, stating officers have to hold themselves to a higher standard.

“Our community expects integrity, accountability and sound judgment from every member of this Department, and I expect the same,” Giordano said in a statement. “When we fall short, we must be accountable, and we will not tolerate actions which undermine the trust the community has placed in the Department.”

In his letter, Serbalik pushed back directly on that framing.

He cited the department’s own conduct manual, which says that all employees shall respect “the right to free speech and expression, including sharing social or political views through various forms of communication.”

“I would assume that you, as the Chief of Police, would also qualify as an ’employee’ who has a duty to follow this policy,” Serbalik wrote.

The attorney said the Chief’s actions “send a troubling message to every sworn member of the Department that off-duty speech, even when lawful, may result in immediate adverse employment consequences.”

Serbalik urged the chief to lift the administrative leave, withdraw or correct the media advisory and ensure any ongoing review respects Mullen’s constitutional rights. The letter was copied to media outlets.

Giordano has said the completed report will come to him for review and that he will communicate his decision based off the findings publicly.

KTAR News 92.3 FM’s Kylie Werner contributed to this report.

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