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Saturday, September 21, 2024

Justice Department finds civil rights violations by Phoenix Police

Attorneys & Judges
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Merrick B. Garland Attorney General at U.S. Department of Justice | Official Website

Assistant Attorney General Kristen Clarke announced the findings of the Justice Department’s civil rights investigation into the Phoenix Police Department and the City of Phoenix. The investigation revealed a pattern or practice of conduct violating the First, Fourth, and 14th Amendments of the U.S. Constitution, as well as violations of the Safe Streets Act, Civil Rights Act of 1964, and Americans with Disabilities Act.

Clarke stated, "We found that the Phoenix Police Department uses excessive force," citing instances where officers escalated force rapidly during encounters. This included improper use of tasers, projectiles, leg restraints, police dogs, and deadly force. Clarke highlighted an incident where officers shot a man and delayed medical aid for nine minutes after inflicting severe pain.

The investigation also found unconstitutional treatment of homeless individuals in Phoenix. Clarke noted this is the first time such violations have been identified by the Justice Department. She reported that 37% of misdemeanor arrests and citations were issued to homeless people without reasonable suspicion.

Discriminatory practices against Black, Hispanic, and Indigenous communities were another significant finding. For example, Black drivers in Phoenix are 144% more likely than white drivers to be arrested or cited for low-level moving violations. Similar disparities exist for Hispanic and Native American individuals regarding drug and alcohol offenses.

Additionally, Clarke pointed out that Phoenix police retaliate against people engaged in protected speech. An instance involved officers circulating a “challenge coin” depicting a protestor shot with an impact round during a peaceful protest.

The investigation further uncovered discrimination against people with behavioral health disabilities. Clarke mentioned that 911 call-takers often fail to identify behavioral health issues adequately, defaulting to police responses even when alternative resources are available.

Children's vulnerabilities were also overlooked by Phoenix police tactics. Clarke emphasized that these actions harm children's physical and mental wellbeing while fostering distrust in law enforcement among young residents.

Despite these findings, some reform efforts have been initiated by city officials and interim Chief Sullivan. These include revising use-of-force policies and introducing new training on de-escalation techniques. However, many reforms remain unimplemented or exist only on paper.

Clarke concluded by emphasizing collaboration between community members, patrol officers, command staff, non-police emergency responders, city officials, and the public to achieve sustainable reform in Phoenix policing practices.

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