PHOENIX — The Phoenix Police Department engaged in a pattern of conduct that violated the constitutional rights of minorities and the homeless population, the U.S. Department of Justice announced on Thursday.
VERSIÓN EN ESPAÑOL: Departamento de Justicia: El Departamento de Policía de Phoenix cometió violaciones a los derechos de las minorías y personas en condición de calle
"There is reasonable cause to believe that the police department and the city engaged in a pattern and practice of conduct that violates the first, fourth and fourteenth amendment of the constitution," assistant Attorney General Kristen Clarke said in a Zoom call.
At this time, the DOJ has not announced whether they are seeking a consent decree with Phoenix police. However they said that they are "looking for a set of mutually-acceptable reforms" for the findings in the report.
Almost three years ago, the DOJ announced what’s called a “pattern or practice” investigation into Phoenix PD, looking at five areas of conduct:
- Use of force
- Possible discriminatory policies or practices
- Possible violations of First Amendment rights
- Possible violations of the rights of those with disabilities or behavioral health concerns
- Possible violations of the rights of homeless people
They found that police were unreasonably escalating the level of force in a situation through the improper use of tasers, projectiles, leg restraints, police dogs and lethal force. Officers also "routinely" delayed medical aid for wounded people.
Officials accused the department of training officers that "escalation is de-escalation" and implementing a "use it or lose it" policy that took firearms away from officers who did not use them "enough."
The investigation also found that Black drivers were 144% more likely to be cited or arrested for low-level moving traffic violations and 90% more likely to be cited or arrested for school zone speeding.
Hispanic drivers were 40% more likely to be cited or arrested for low-level moving traffic violations, and 51% more likely for school zone speeding.
Additionally, investigators found that police would frequently detain and arrest homeless people without adequate suspicion of a crime. Police also frequently seized and destroyed the property of homeless people.
This was reportedly the first time that the DOJ found constitutional and civil rights violations against homeless people within a police department's policies.
"The criminalization of homelessness has no place in our society today," Clarke said.
Phoenix police previously claimed to be unaware of these discriminatory practices, but Clarke said that frequent community complaints "should have spurred the police department to reexamine its own practices."
In a statement, the City of Phoenix said Thursday it is "taking all allegations seriously and are planning to review this lengthy (DOJ) report with an open mind."
RELATED: DOJ to release investigation findings on Phoenix PD: What could a consent decree mean for the city?
To credit Phoenix police, the DOJ noted that the department has taken preliminary steps to revise and reform the department. Officials praised Chief Michael Sullivan for reworking internal policies and training as well as increasing accessibility to resources for homeless people.
Thursday's announcement focused on the department's civil pattern and practice investigation and did not include whether or not there would be charges against specific officials.
As for a path forward, Clarke stressed that the department would be working with city officials and community stakeholders to find an appropriate path forward and "continue to build on [their] track record of success with other jurisdictions."
Phoenix Mayor Kate Gallego released the following statement:
"Just a few moments ago, at the same time as the public, the City of Phoenix received the federal government’s findings report. The City Council will meet this month—in Executive Session on June 25—to receive legal advice, better understand the report, and discuss next steps. I will carefully and thoroughly review the findings before making further comment."
The City of Phoenix previously refused to enter into a consent decree with the Department of Justice on ways to remedy any issues spotlighted by the investigation. City council members have said they would want to see the results of the investigation before a required vote on a decree.
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