Dusten Mullen
PHOENIX - A judge denies a request to reinstate a fired Phoenix police sergeant who confronted teens at an anti-ICE protest.
The officer's lawyer argued the sergeant was protected by free speech, and despite the May 21 ruling, the judge says Dusten Mullen has a strong case.
What we know:
A federal judge denied former Phoenix Police Sgt. Dusten Mullen's request to be reinstated on paid administrative leave while his lawsuit against the city of Phoenix plays out. Mullen was fired last week.
In January, he showed up to a student protest in Chandler while off-duty. He was armed, masked, and wearing a Trump 2024 shirt. Mullen was caught on body camera telling officers he wanted the teens to assault him so they would be arrested.
Phoenix Police Chief Matthew Giordano fired him after an internal investigation, saying Mullen’s actions broke community trust. Meantime, Mullen's lawsuit claims his actions are protected by the First Amendment.
In the May 21 new court order, Judge Susan Brnovich revealed Mullen has a strong case, pointing out the internal investigation appeared rushed, and the city failed to show that Mullen was fired for his conduct, rather than his right to protest.
Still, Brnovich refused to force the city to give Mullen his job back right now. The ruling states that a temporary loss of income would not cause irreparable harm because Mullen can recover that money later if he wins his lawsuit.
Mullen's attorney, Steve Serbalik, released this statement on the ruling, saying, "Sgt. Mullen is glad that the judge conducted a thorough and fair review of the information presented. AZCOPS is committed to protecting the constitutional rights of all of its members. We will continue to pursue this matter in the appropriate venues."
Fired Phoenix sergeant accused of using rank to 'intimidate' Chandler officers months before controversy
Dusten Mullen was off-duty, fully masked, and armed with a handgun at a Chandler protest back in January. But this was not the first time his behavior triggered an internal investigation.
What's next:
The case will now move forward in federal court.