Phoenix Police sergeant sues city over social media investigation

PHOENIX — A Phoenix Police sergeant is suing the city over an internal investigation he faced after nearly a dozen of his social media posts were included in a database of controversial posts made by law enforcement officers.

The lawsuit, filed Thursday, alleges the department violated Sgt. Juan Hernandez’s First Amendment rights and caused him to spend thousands of dollars in legal costs for an “improper” internal investigation.

Eleven of Hernandez’s Facebook posts were featured in the Plain View Project, the database of thousands of posts made by police in eight U.S. cities that was released in early June.

Hernandez’s posts include shared photos and articles, with one saying “The most common name for a convicted gang rapist in England is Muhammad” and another accusing Muslims of believing in “7th century science.”

Phoenix Police Chief Jeri Williams, who is also named in the suit, called for an investigation into the posts made by her employees days after the database went public.

“I’ll be honest with you, I was shocked. Like all-caps shocked at the nature of the posts, at the language of the posts, of the photos of the posts,” Williams told KTAR News 92.3 FM that month.

She said the department has rules that clearly explain to officers that they can be disciplined for conduct that results in the erosion of public trust in the organization.

The lawsuit argues that policy is unconstitutional and has a chilling effect on officers’ speech.

According to the lawsuit, Hernandez received notice of an investigation June 5 and was interviewed later that month about four of his posts.

He said he “was simply reposting content that he felt involved matters of public concern,” according to the suit.

The department’s Discipline Review Board was scheduled to review the investigation and make a decision Tuesday.

The day after the lawsuit was filed, Hernandez’s attorney Steve Serbalik told KTAR News 92.3 FM that the city chose to no longer go through with the board’s review.

The suits asks that a judge issue an injunction against the policy and require the city to cover Hernandez’s legal costs.

The court will hold a hearing on Nov. 19, Serbalik said.

A spokesman for the Phoenix Police Department declined to comment on the case due to pending litigation, but issued this statement:

Claims of wrong-doing by members of the department are referred to the department’s Professional Standards Bureau (PSB). The role of PSB is to investigate the allegations and determine if there was employee misconduct.

PSB can refer cases to the Disciplinary Review Board (DRB). This panel listens to the evidence and makes a recommendation for discipline to the Chief of Police. That discipline can range from supervisory counseling, written reprimands, suspensions (up to six weeks unpaid), demotion, or termination. The DRB is chaired by one of the department’s Assistant Police Chiefs with six additional members including two peer officers, two civilian community members, and two police commanders. The sworn and civilian panel participating in a specific case are chosen randomly from a previously vetted pool.

The DRB makes a recommendation for discipline to the police chief, who reviews the findings and decides what disciplinary action to take. The disciplined employee still has a right to appeal the decision. An appeal may go to the Civil Service Board. This five-member panel is made up entirely of civilian community members appointed by the City Council. That group can either agree with or reduce the level of discipline. This group has the power to reinstate a terminated employee.

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