Civil rights violations against Phoenix protesters: What the DOJ report says

A U.S. Department of Justice report found the Phoenix Police Department was responsible for a litany of civil rights violations such as retaliating against people engaged in political speech, using unjustified punitive measures against peaceful protesters, and pursuing felony charges without evidence that people committed even minor crimes.

The 126-page report include scathing findings of officers using crowd-control measures like tear gas, pepper spray balls and less-than-lethal projectiles on protesters with little care in differentiating between peaceful protesters and those committing crimes. The department lacked a formal review process on how and when such measures should be used, the report said.

Investigators found police often arrested protesters with little to no evidence and implemented widespread arrests to dissuade people from exercising their First Amendment rights in the future. Training sessions on handling large protests often showed bias against people critical of police or the government, with at least one trainer suggesting protesters who care about the First Amendment are those who cooperate with police.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division on Thursday cited the many problems investigators found, which included officers targeting and retaliating against people critical of the department.

"For example, following a protest at which officers unloaded canisters of tear gas on peaceful protesters, police department officers circulated a challenge coin — a memento normally used to commemorate moments of valor and pride during service. This challenge coin instead depicted a protester whom an officer shot in the groin with a 40-millimeter impact round. When police officers abuse their power to silence people asserting their constitutional rights to free speech and assembly, it erodes the community's trust in law enforcement."

Here’s what the DOJ found and what it says Phoenix must do to reform itself.

What the report found

In its report, the DOJ found that the Phoenix Police Department repeatedly violated the civil rights of protesters between 2017 and 2022, targeting people with anti-police messages and using unjustified force on or arresting people who talk back to officers or attempt to record them.

The report also stated Phoenix police submitted serious charges — far more serious than what any evidence supported— against protesters, such as charging them with rioting and gang-related charges.

Findings include:

• Phoenix police failed to warn protesters during the summer 2020 protests, firing stunbags and pepper spray balls without much care about distinguishing peaceful protesters from those committing crimes. The DOJ interviewed one protester who said he was driving home when an officer fired at his car, shattering his window. He described the shooting as "out of nowhere."

• Another instance from 2020 involved a small group of people trying to leave a protest and asked a sergeant with a group of officers blocking a street where they should go. The sergeant responded "find another way" and, after the protesters asked where, fired a "bore thunder" muzzle bang without answering their question.

• The DOJ said police often arrested protesters to deter peaceful protesters and that Phoenix police's policy for handling civil unrest demands officers "incarcerate as many individuals as possible," once a commander gives the order.

• The report cited a May 2020 incident in which more than 120 people were arrested on felony rioting charges using a verbatim probable cause statement, and prosecutors abandoned more than 100 of the cases after finding a lack of evidence to support even minor charges.

• It also highlighted the October 2020 incident where police arrested 17 people and submitted gang-related charges and erroneously alleged they belonged to a criminal street gang called "ACAB" by wearing black clothing and chanting an anti-police sentiment.

• The report stated that the Maricopa County Attorney's Office involvement in the constitutional violations was "beyond the scope of our review," but noted that the Arizona bar later ruled that the prosecutor responsible for the charges was suspended from practicing law for two years. It stated that emails showed the idea for charging protesters with gang-related charges originated from Phoenix police's anti-terrorism task force.

• The DOJ acknowledged that protests such as ones with anti-police messages can be challenging for departments but noted that such messages are still protected under the First Amendment and that protection does not end if some participants become disruptive.

• "Police departments must ensure, even in the face of provocation, that their response is proportionate and protects the rights of peaceful protestors," the report stated.

• The report added that Phoenix lacked a process for protesters to obtain a permit for people wishing to demonstrate on city streets, thereby making it a risk for anyone who does so anyway.

• "(Phoenix police’s) lack of standards and 'completely uncontrolled discretion' violated the First Amendment because the risk of random, arbitrary arrest is enough to dissuade reasonable people from engaging in protected political speech."

• The report criticized the department's training and handling of protests, describing crowd-control training that "emphasized inflammatory video footage and offered no meaningful guidance to officers." It noted an instructor at one point referred to First Amendment rights as "very touchy" while defining civil disturbances as "actively or passively oppos[ing] the police or government.”

• Another class had an instructor show news footage of a man being shot in the groin with a projectile set to Whitney Houston’s rendition of “I Will Always Love You." "The clip was timed to emphasize the moment of the groin shot with the loud drum hit just before the song’s chorus," the report stated.

• The DOJ cited instances where a trainer said "anarchists" are people who incite riots during protests and can be identified as the people who don't flee after a sound cannon is fired and suggested protesters who care about the First Amendment are those who talk and cooperate with police. "Such statements have no basis in fact; they instead appear to reflect a deep-rooted bias against individuals critical of PhxPD or the government," the report states.

• The report said Phoenix police didn't address reporting requirements when officers used less-lethal projectiles and extensively used crowd-control weapons without any evidence of a formal process for when and how they're used.

How people reacted to the report

The city released a statement shortly after the Justice Department's news conference concluded Thursday morning, stating leaders were eager to read the report and the findings within while maintaining that it has since instituted various reforms making it a different department than the one the DOJ investigated.

The city added that officials would need time to review the 126-page report and assess the costs and consequences of the proposed reforms before entering into a long-term relationship with the DOJ. It also shared a letter it sent to the DOJ in response to the report, saying it looked forward to discussing potential options and would reach out in several weeks after it had thoroughly reviewed the report.

Benjamin Taylor, an attorney who has represented numerous people arrested by Phoenix police — some of whom later sued the department and city — said the DOJ's findings matched what people witnessed on national TV.

"You have a First Amendment right to protest and freedom of speech," Taylor said. "And these protesters were not doing anything wrong — just walking down the street peacefully — and (Phoenix police) abused their power, abused the badge and arrested them."

Taylor said he's been disappointed by many city leaders' reaction to the DOJ investigation.

"It's disheartening that the city of Phoenix seems to be pushing back against reform and change when they already know, based on the history, that there's multiple violations," Taylor said.

Taylor emphasized that city officials should instead be receptive to the findings or people will continue to distrust Phoenix police.

Poder in Action, a grassroots organization that has been a longtime critic of the Phoenix Police Department, released a statement saying it wasn't surprised by the DOJ's findings.

"We are disgusted, furious, and heartbroken at the findings, but we are not surprised," the organization said in a statement shared on social media. "Community members have paid for the failure of current and past Phoenix city leadership to hold this department accountable with their lives. The report validates what community members have been saying for decades — racism, violence, and corruption runs rampant within this department.

"This report makes it exceedingly clear that community members who are Black, Indigenous, Latine, unsheltered, or having a mental health crisis are at alarming risk of discrimination, harm, and death at the hands of the Phoenix Police Department."

Phoenix Law Enforcement Association officials expressed frustration with the findings of the federal investigation and warned against the city entering into a consent decree with the Department of Justice.

Leaders of the labor union, which represents officers and detectives within the city’s Police Department, called the DOJ’s investigation “a farce.” PLEA President Darrell Kriplean said the city’s police force has a “long history of self-assessment and self-correction” and asserted a consent decree would only “enrich” federal monitors, increase crime and decimate officer morale.

“In the end, our taxpayers are fleeced and our community will be less safe,” he said.

Kriplean said he would support a technical assistance letter, calling it a “collaborative” solution. There are crucial differences between that option and a consent decree, although both can last for years and lead to significant expenses as reforms are implemented.

A consent decree is ordered by a court, so if a law enforcement agency doesn’t meet the court’s standards, it can be held in contempt and subject to hefty fines. A technical assistance letter would allow the DOJ to make observations about what its investigation revealed and recommend how issues should be reformed but leave ultimate control in the a city's hands.

Lou Manganiello, president of Phoenix Fraternal Order of Police Lodge 2, also lambasted the DOJ's report, describing it as being "full of half-truths, unsubstantiated accusations, and haphazard, illogical conclusions."

"Despite this investigation taking years and costing millions of dollars, the PPD and the City of Phoenix have cooperated to a greater extent than any City subject to such a federal witch hunt," Manganiello said in a written statement. "It comes as no surprise that the DOJ’s preordained conclusion looks exactly like the paper-thin 'investigations' we have seen in more than 20 cities across the U.S. over the past 16 years."

What happens next?

The DOJ report concluded with several pages of proposed reforms on how the Phoenix Police Department could improve public safety while rebuilding trust with the community.

Such measures included revising its policies on how the department responds to civil disturbances and disorderly conduct; emphasizing First Amendment freedoms; limiting the use of less-lethal weapons; and providing "after-action" reports on force, officer wellness and effectiveness.

It also recommended the department ensure use-of-force reviews and review accusations of misconduct. The report also recommended assessing if an officer violated a person's First Amendment rights and creating mechanisms for city prosecutors to identify the actions of Phoenix officers who may have violated those rights.

The report also called for the city to change its permitting process to allow protesters to hold spontaneous demonstrations without breaking laws, such as prohibiting obstruction of a thoroughfare.

Previous external investigation into MCAO described as breakdown in communication

While Clarke stated that "MCAO's degree of involvement in the constitutional violations we have identified is beyond the scope of our review," the agency has been investigated for its role in charging protesters as gang members.

Roland Steinle, a former Maricopa County Superior Court judge, led an investigation upon then-Maricopa County Attorney Allister Adel's request and authored a 75-page report that described a breakdown in communication between the case's lead prosecutor, April Sponsel, and MCAO leadership.

"Regrettably, if the attorneys had followed the procedures set down, ask for an incident review prior to convening the grand jury and there had been no miscommunications within the chain of command, and most importantly, had the deputy county attorney done the same type of investigation Ken Vick began doing in March of 2021, the outcome would have been dramatically different," Steinle wrote.

In his report, he described instances where some of Sponsel's superiors failed to fully grasp the case's status and the direction in which it was going, with those on MCAO's executive team being either partially or fully out of the loop as the case progressed.

Adel herself admitted the agency had erred in charging the protesters as gang members and later disbanded the First Responder Bureau, which had handled alleged crimes committed against police officers and firefighters.

"In these cases, we made mistakes," Adel wrote at the time. "As an agency charged with doing justice, we must be willing to admit this. And, moreover, we must be willing to correct them. Much of our work in this office is holding people accountable for their actions when they do not meet society’s expectations. We must be willing to hold ourselves accountable as well."

State Republicans introduced bills harshening consequences in disorderly assemblies

During the 2021 legislative session, Arizona Republicans introduced several criminal justice bills, some of which sought more severe consequences for people committing certain crimes during a disorderly assembly.

Then-Rep. Bret Roberts, R-Maricopa, introduced a bill in February 2021 that would have made misdemeanors into felonies for activity such as pointing a laser pointer at a police officer, criminal damage between $250-$1,000 and public nuisance.

“I support the First Amendment, you know, free speech,” Roberts told The Arizona Republic at the time. “But there’s a portion of that that says ‘peaceably assemble.’ And when you cross that line of where you’re failing to peaceably assemble, then that’s where I have a problem with it.”

The bill passed the House on a party-line vote of 31-27 but failed to receive a vote on the Senate floor.

Reach public safety and breaking news reporter Perry Vandell at [email protected] or 602-444-2474. Follow him on X, formerly known as Twitter @PerryVandell.

This article originally appeared on Arizona Republic: Violations against protesters: What the DOJ report says