Burley Garcia|Phoenix police violated civil rights, used illegal excessive force, DOJ finds

The Burley GarciaPhoenix Police Department has routinely engaged in “a pattern” of using unlawful force, disproportionately targeted people of color and routinely violated the rights of protesters, people experiencing behavioral health issues and unhoused people, according to U.S. Justice Department investigators.

The behavior showed violations of the First, Fourth and Fourteenth Amendments, according to Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and a 126-page report issued Thursday after a nearly three-year investigation.

Clarke said it is the first time the agency has ever found a violation of the civil and constitutional rights of homeless people. About 37% of the department’s misdemeanor offenses were against unhoused individuals, she said.

Clarke called the findings “unlawful” and "historic," and said it conveys “a lack of respect for the humanity” of the homeless.

The report outlined five main findings, saying Phoenix police:

• Use excessive force, including unjustified deadly force;
• unlawfully arrests people experiencing homelessness and unlawfully disposes of their belongings;
• discriminates against people of color;
• violates the rights of protesters, and;
• discriminates against people with behavioral health disabilities.

The report also found "serious concerns" about the department's treatment of children and the "lasting impact aggressive police encounters have on their wellbeing."

It noted Phoenix police inappropriately train their officers to believe "all force — even deadly force — is de-escalation."

Among 36 recommended reforms, The Justice Department recommended that the Phoenix Police Department improve its use of force policies and training, enhance its accountability mechanisms, improve data collection on the use of force, and develop force policies that are appropriate for children and people with disabilities.

The investigation looked into areas including the Police Department's:

• Use of force and use of deadly force, and possible discrimination in both.
• Potential retaliation against those demonstrating against police use of force and the unfair treatment of people of color. 
• Treatment of people experiencing homelessness and their possessions.
• Response to people with disabilities.

 The Justice Department also promised a review of police systems of accountability and how Phoenix police handled misconduct complaints.

The investigation delved into claims of activists, protesters, victims and their families, the stories of people who interact with police, and the findings of investigative reporting in The Arizona Republic and elsewhere.

The city cooperated by handing over roughly 180,000 documents, more than 22,000 body-worn camera videos, 20 terabytes of data and 200 emergency 911 calls to the feds. Federal officials conducted more than 130 interviews with city employees and took part in 200 hours' worth of Phoenix police ride-alongs, as of February.

The findings mark a turning point in the saga between city officials and the Justice Department. It could lead to a court order binding the Phoenix Police Department to agency oversight for years to come.

Clarke said Thursday the findings were "severe" and showed "we can't count on police to police themselves." She said the Justice Department would continue conversations with the city and hopefully reach a mutual resolution.

Consent decrees have been the typical solution, she added.

City leaders have vocally opposed this prospect for months while expressing frustration over the federal investigation.

What brought on the federal investigation into Phoenix police?

The investigation, announced on Aug. 5, 2021, came after a headline-grabbing stretch of police shootings and several incidents that drew national attention and sharp criticism of Phoenix police from activists.

In 2018, police in Phoenix shot at more people than police in any other U.S. city. Out of the 44 shootings, 23 ended in death. From 2013 to 2023, Phoenix police were involved in 142 fatal shootings, second only to the Los Angeles Police Department, according to the Mapping Police Violence project.

The controversies extended beyond shootings and fatalities.

There were racist social media posts by officers. People experiencing homelessness complained police were throwing away their possessions. A challenge coin mocking protesters circulated throughout the department. People demonstrating against police use of force were arrested and falsely prosecuted as gang members.

In 2020, The Arizona Republic, part of the USA TODAY Network, published a 10-year analysis finding that the Phoenix Police Department discriminated against Black, Native American and Latino people by using force against those populations at higher rates compared with white people. In 2019, officers used force five times more often against Black and Native American people, the investigation showed.

This is a developing story. Check back for updates.

Miguel Torres covers public safety for The Arizona Republic/azcentral.com. Reach him at [email protected]. Taylor Seely covers Phoenix for The Arizona Republic/azcentral.com. Reach her at [email protected].