Phoenix police sergeant takes legal action to protect job after being placed on leave

PHOENIX – The Phoenix police sergeant who was placed on leave after allegedly trying to incite conflict at a student protest while off-duty is taking legal action to protect his job.

Sgt. Dusten Mullen named Phoenix Police Chief Matt Giordano, City Councilwoman Anna Hernandez and the city of Phoenix as the defendants in a federal lawsuit filed Monday.

The Arizona Conference of Police and Sheriffs is a plaintiff in the complaint along with Mullen, who was placed on administrative leave April 10 and believes the department is planning to fire him.

Giordano sidelined Mullen following reports about the sergeant’s actions during a January student walkout against Immigration and Customs Enforcement at Hamilton High School in Chandler.

What is Phoenix sergeant accused of doing?

Mullen, who was armed and had his face covered, allegedly attempted to provoke students into assaulting him so that they would be arrested.

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

Mullen’s lawsuit notes that the Chandler Police Department investigated the incident and determined that he did not commit any crimes.

After placing Mullen on leave, Giordano issued a statement saying law enforcement professionals should be held to higher standards.

“The incident is under investigation and that process will soon conclude. The completed investigation report will ultimately come to me for review and action after a thorough and fair assessment of the facts,” Giordano said.

What is Phoenix police sergeant asking courts to do?

Mullen’s lawsuit argues that his First Amendment right to free speech and 14th Amendment right to due process are being violated.

Hernandez is included as a defendant because she publicly criticized Mullen before he was placed on leave.

Mullen is seeking a temporary restraining order or preliminary injunction that would prevent the police department from firing him without a thorough evaluation of evidence by the Professional Standards Bureau.

He wants the defendants’ actions to be declared illegal and is asking for attorneys’ fees and “further relief as the Court deems just and proper.”

KTAR News 92.3 FM’s David Iversen contributed to this report.

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