Dusten Mullen: Phoenix PD sergeant sues chief, councilwoman and city amid protest controversy

PHOENIX - We have a follow-up to a story we first brought you regarding a Phoenix Police sergeant whose off-duty conduct during an anti-ICE protest in Chaldner has sparked controversy.

The backstory:

We have been reporting on an incident involving Sgt. Dusten Mullen since early April.

Per our first report on on April 6, officials with the Chandler Police Department said a teenage girl was arrested on Jan. 30 outside Hamilton High School, and accused of throwing a water bottle at someone supporting ICE.

According to a report we obtained, however, a Chandler Police officer assigned to the protest said when a student pointed out a man with a full-face mask who seemed suspicious, he was seen walking back behind a palm tree. That man was later confirmed to be Mullen.

Dusten Mullen (right)

When the officer approached Mullen, he was arguing with students, telling them to "grow up and act like adults." He told the officer he wasn’t happy about kids flying flags that hit his car. The officer, however, says he never saw any flags touch the car.

The report states that students then became agitated, chanting and following Mullen, who they believed was an ICE agent. The Chandler officer advised him to take his protest elsewhere due to the volatile situation.

At the time of the incident, Mullen was armed with an exposed handgun in a holster and two extra handgun magazines. Chandler Police’s report documents Mullen saying, "My plan is legitimately to just let them all assault me and you guys arrest them all, and I’ll keep it on film. I also have other people filming from a distance."

According to police, Mullen also said that more protesters in support of him were on the way, some armed with rifles, going on to say his goal was to "get all these kids in jail if they want to break the law."

On April 10, Phoenix Police Chief Matt Giordano said an employee with the department has been placed on administrative leave, following "a recent incident involving an off-duty officer in a neighboring city." The statement did not identify Mullen by name.

Latest:

We have learned that Mullen is suing the City of Phoenix, claiming his due process rights are being violated.

The civil lawsuit was filed on Monday, and accuses Phoenix Police Chief Matt Giordano and Councilwoman Anna Hernandez of retaliation. According to the complaint, Phoenix Police intend to fire Mullen, and Mullen believes he has been deprived of a complete investigation.

Dig deeper:

The lawsuit alleges that Phoenix Police wants to elevate the incident involving Mullen to a Class 3 violation, which means conduct so outrageous that "attempts to correct performance would be fruitless," a criteria that supports termination.

According to the complaint, Lieutenant Brian Thatcher, who is the discipline and grievance chairman, provided "exonerating" materials to the Professional Standards Bureau (PSB), including cellphone video capturing Mullen’s statements at the protest.

The lawsuit also alleges that Mullen never identified himself as a police officer during the protest. Mullen is adamant he was first to notify a supervisor within 90 minutes of the incident, despite Phoenix Police officials telling us that it was Chandler Police that alerted them days after.

The complaint also says PSB canceled a follow-up interview with Mullen on April 20.

Mullen wants a temporary restraining order and preliminary injunction to vacate a pre-termination hearing scheduled for May 4. He is also trying to stop any disciplinary action.

The other side:

We have reached out to Phoenix Police regarding the lawsuit, and a spokesperson said they cannot comment due to ongoing litigation.