Department of Justice Finds Systemic Issues in Phoenix Police Department

The U.S. Department of Justice (DOJ) has released a comprehensive report detailing a pattern of unconstitutional practices within the Phoenix Police Department (PhxPD) and the City of Phoenix. The investigation, initiated on August 5, 2021, uncovered pervasive issues that deprive citizens of their constitutional and federal rights.

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Armando Nava's Involvement in Phoenix Police Department Review - June, 2020

Armando Nava, from the Nava Law Firm, played a crucial role in a separate Review and Implementation Ad Hoc Committee for the Phoenix Police Department by the City of Phoenix. This committee was established to assess past and present recommendations aimed at improving the Phoenix Police Department and fostering better relationships between the community and public safety officers. The committee was responsible for providing monthly informational reports to the Phoenix City Council. Nava's contributions helped ensure that the committee's final report, effectively addressed key issues and proposed actionable solutions for strengthening the department and its community ties.

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Key Findings of the Investigation:

1. Excessive Use of Force: The PhxPD has been found to use excessive force, including unjustified deadly force, against individuals.

2. Unlawful Detention and Arrests: The department unlawfully detains, cites, and arrests people experiencing homelessness and improperly disposes of their belongings.

3. Discriminatory Practices: The investigation revealed that the PhxPD discriminates against Black, Hispanic, and Native American communities in law enforcement.

4. Violation of Free Speech Rights: The PhxPD has infringed on the rights of individuals engaged in protected speech and expression.

5. Discrimination Against Disabled Individuals: The department and the city have been found to discriminate against individuals with behavioral health disabilities during dispatch and crisis responses.

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The DOJ report also raises concerns about the treatment of children and the long-term impact of aggressive policing. Phoenix officers have shot and killed people at one of the highest rates in the nation, with many shootings failing to meet constitutional standards.

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Issues in Policing Practices:

• The PhxPD employs dangerous tactics leading to unnecessary and unreasonable use of force.
• A misguided notion of de-escalation has been ingrained within the department, with officers being taught that all force, even deadly force, constitutes de-escalation.
• The department targets vulnerable populations, including the homeless and individuals with behavioral health disabilities.
• Discriminatory enforcement of drug and low-level offenses disproportionately affects minority communities.

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Homelessness and Law Enforcement:

The report highlights the widespread practice of stopping, citing, and arresting unhoused individuals, with 37% of PhxPD arrests between 2016 and 2022 involving people experiencing homelessness. Many of these actions were found to be unconstitutional.

Despite a federal court order in 2022 to cease certain practices against unhoused people, the PhxPD has failed to adequately train officers to comply with the law, leading to continued unconstitutional seizures and destruction of personal property.

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Free Speech and Protest Response:

The PhxPD's handling of protests has eroded public trust, with officers using indiscriminate force, falsifying allegations against protest leaders, retaliating against critics, and preventing lawful recording of police conduct. While recent commitments to protecting free speech are noted, the effectiveness of these efforts remains to be seen.

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Disability Discrimination:

Despite a $15 million investment in non-police behavioral health responders, the city and PhxPD have not provided adequate training for 911 call-takers and dispatchers. This results in inappropriate police responses to behavioral health crises, leading to unnecessary force and trauma for disabled individuals.

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Path to Reform:

The DOJ report acknowledges efforts by some PhxPD officers and city officials to serve the community thoughtfully and respectfully. New policies, including a use-of-force policy and a citywide Crime Reduction Plan, are steps toward meaningful reform. However, past failures to implement lasting changes cast doubt on the effectiveness of these measures without sustained accountability.

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Moving Forward:

The DOJ expects to work constructively with the City of Phoenix and the PhxPD to ensure the necessary reforms are fully and timely implemented. As a former PhxPD official stated, “How does the public ever trust us if we can't even police ourselves? Law enforcement will not work if the public doesn’t trust us.”

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The full report, detailing these findings and recommended reforms, can be found on the DOJ's website.