Case: DOJ Investigation of Phoenix Police Department

On August 5, 2021, the Department of Justice (DOJ) announced it was opening a pattern and practice investigation into the City of Phoenix and the Phoenix Police Department (collectively, “PhxPD”). DOJ initiated the investigation under the Violent Crime Control and Law Enforcement Act of 1994, which prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution or federal law. The investigation announcement specified that DOJ would assess whether PhxPD had a pattern or practice of violating the First, Fourth, and Fourteenth Amendments of the United States Constitution, the Safe Streets Act of 1968 (prohibiting discrimination on the ground of race, color, religion, national origin, or sex by law enforcement agencies receiving federal funds), Title VI of the Civil Rights Act of 1964 (prohibiting discrimination based on race, color, or national origin), and Title II of the Americans with Disabilities Act (prohibiting discrimination on the basis of disability by state and local governments).

After commencing its investigation, DOJ issued document requests to PhxPD, conducted virtual site visits and virtual site interviews, held virtual and in-person meetings with hundreds of Phoenix citizens and community leaders, interviewed PhxPD police officers, participated in ride-alongs with Phoenix officers from every PhxPD patrol precinct and during every patrol shift, observed police trainings, visited every PhxPD patrol precinct, reviewed hundreds of files documenting law enforcement activity, watched hundreds of hours of police body cam footage, and statistically analyzed PhxPD data on police stops, citations, and arrests, as well as data on PhxPD’s response to 911 calls for service.   

On June 13, 2024, DOJ released a report of its investigation’s findings. Per its report, DOJ (a) found that PhxPD “systemic[ally]” deprived people of their Constitutional rights, and (b) “found pervasive failings in PhxPD’s policies, training, supervision, and accountability systems.” DOJ’s specific findings included the following:

• PhxPD “engages in a pattern or practice of excessive force, including deadly force.” DOJ found that PhxPD officers fire their guns at people who present no immediate threat, use tactics that place officers in jeopardy and increase the risk of deadly encounters, delay medical aid to incapacitated suspects, and routinely improperly use neck and compression restraints that put people at risk of serious injury or suffocation. Additionally, DOJ found that PhxPD officers shoot projectiles prematurely and indiscriminately, use unreasonable force without giving people an opportunity to comply with officer requests, misuse leg restraints, fire Tasers at people who pose no threat, fail to exercise control over police dogs, and use excessive force against people already handcuffed. DOJ found that PhxPD’s training and “weak oversight” contributes to PhxPD’s pattern of excessive force.
• PhxPD violates the constitutional and federal rights of homeless individuals. First, PhxPD stops, detains, and arrests people who are homeless without reasonable suspicion of criminal activity. Second, PhxPD violates the Fourteenth Amendment’s due process requirements and the Fourth Amendment’s prohibition of unreasonable seizures by seizing and destroying property belonging to homeless individuals without providing adequate notice.
• PhxPD engages in racial discrimination against Black, Hispanic, and Native American people, in violation of Title VI and the Safe Streets Act. Specifically, DOJ found that PhxPD enforces traffic laws, alcohol use offenses, low-level drug offenses, and quality-of-life laws more severely against Black, Hispanic, and Native American people than against white people engaged in the same behaviors.
• PhxPD officers violate the First Amendment by retaliating against people for protected speech and expression. Specifically, PhxPD uses unjustified punitive tactics against peaceful protesters, targets lawful protesters for arrest, and retaliates—by using excessive force—against individuals who talk back to officers or attempt to record officer activities.
• PhxPD violates the ADA by discriminating against people with behavioral health disabilities when providing emergency response services. DOJ found two specific unlawful patterns by PhxPD: First, the PhxPD 911 call center “routinely” fails to identify callers who need help with behavioral health issues. Second, PhxPD officers rarely make reasonable modifications to their approach when responding to behavioral health calls.
• PhxPD fails to appropriately modify practices during encounters with children, often escalating situations with “combative language and needless force.”
• PhxPD lacks effective systems to hold officers accountable for misconduct. Specifically, PhxPD discourages complaints of officer misconduct, fails to conduct thorough and fair investigations of officer misconduct, and fails to adequately discipline officers who engage in misconduct.
• PhxPD’s poor policies and deficient training contribute to PhxPD’s systemic legal violations.
• PhxPD does not adequately supervise officers.
• PhxPD tolerates open disrespect from its officers toward certain Phoenix communities and individuals (e.g., peaceful protesters). DOJ noted that police officers’ open contempt for people exercising their First Amendment rights may impact people's willingness to exercise those rights.

The DOJ’s report recommended dozens of remedial measures for PhxPD to implement, including measures to reduce PhxPD’s unnecessary use of force, improve PhxPD’s treatment of homeless individuals, reduce racial disparities in PhxPD’s law enforcement, protect Phoenix citizens’ First Amendment rights, and ensure PhxPD properly responds to people with behavioral health disabilities. DOJ also recommended measures to improve PhxPD’s training, policies, accountability, and supervision.

DOJ concluded its report by noting that current leaders at PhxPD “have committed to important toward reforms,” and that DOJ will constructively work with PhxPD to implement reforms necessary to eliminate unlawful conduct.

In September 2024, the Phoenix City Council adopted measures to increase police accountability and transparency, and the City of Phoenix issued a draft policy governing PhxPD’s respect for First Amendment rights. In late 2024, Phoenix city officials met with DOJ staff on multiple occasions to negotiate a formal resolution between DOJ and PhxPD. Such resolutions (either “consent decrees” or settlement agreements”) ensure that local law enforcement agencies implement sustainable reforms; if no resolution is reached, then DOJ may initiate litigation to remedy the concerns outlined in its findings.

As of February 22, 2025, DOJ and PhxPD have not reached a formal resolution to resolve PhxPD’s alleged unlawful patterns and practices.