The US Department of Justice on Thursday found that the Phoenix Police Department and the City of Phoenix have engaged in excessive force, discrimination, and general civil rights violations against Black, Latino, Native American, and other marginalized communities. This revelation comes from a comprehensive 126-page report, signaling the conclusion of an inquiry that began in 2021.
Attorney General Merrick B. Garland, in an accompanying press release, summarized the findings: “Our comprehensive investigation revealed unlawful and unconstitutional practices in the Phoenix Police Department’s enforcement activities that impact some of Phoenix’s most vulnerable residents, including Black, Hispanic, and Native American people, homeless people, and those experiencing behavioral health crises. The police also used excessive force, delayed necessary medical aid, and infringed on the civil rights of those engaged in First Amendment-protected conduct, including demonstrations and protests.”
The report points to 34 USC Section 12601 as the legal backbone for the investigation. This statute prohibits law enforcement officers from engaging in a “pattern or practice of conduct” that “deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.”
The investigation highlights troubling patterns within the department. Violations were attributed to flawed training and a chain of command that rubber-stamped “nearly all instances” of excessive force. Specific practices singled out include the disproportionate use of tasers, poor control over police dogs, improper use of leg restraints, “force first” methodologies, and gratuitous force against handcuffed individuals.
Moving forward, the Department of Justice aims to work collaboratively with the city and the police department to establish a “comprehensive court-enforceable settlement” aimed at remedying the issues. The proposal for independent monitoring is also on the table.
These findings add to a complex backdrop of law enforcement scrutiny in Arizona. Notably, in 2017, former Arizona Sheriff Joe Arpaio was found guilty of criminal contempt for ignoring a court order to cease detaining Latinos based solely on their immigration status. The DOJ continues to investigate several other police departments across the United States, including ongoing cases in Mississippi, Minnesota, Massachusetts, New York, New Jersey, and Oklahoma.
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