PHOENIX - The City of Phoenix is asking for a federal judge to toss a lawsuit filed by ex-officer Dusten Mullen, who showed up to an anti-ICE student protest armed and masked, while off-duty.
The backstory:
We have reported on the controversy surrounding Mullen in recent months.
The controversy stems from an incident that happened in January. According to our report on April 6, Mullen showed up to a student protest outside Hamilton High School in Chandler while off-duty. The protest happened a week after federal agents in Minneapolis shot and killed Alex Pretti.
Per one of our previous reports, 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
At the time, Mullen was armed, masked, and wearing a Trump 2024 shirt. A body camera video also captured Mullen telling officers "my plan is legitimately to just let them all assault me, and you guys arrest them all, and I will keep it on film. I also have other people filming from a distance, so my goal would be to get all these kids in jail if they want to break the law."
Phoenix Police was reportedly notified of the incident by Chandler Police, rather than by Mullen. A Phoenix Police spokesperson initially said they were "made aware of an incident involving Sergeant Mullen that took place while off-duty in a neighboring city," without mentioning who made them aware of the incident.
On April 10, Phoenix Police Chief Matt Giordan announced that "an employee with the department" has been placed on administrative leave following "a recent incident involving an off-duty officer in a neighboring city." Mullen's firing was announced on May 14, and a week later, a federal judge denied Mullen's request to be reinstated on paid administrative leave while his lawsuit against the City of Phoenix plays out.
New Details:
Mullen claims he was fired due to political retaliation in his amended complaint, but the City of Phoenix argues that Mullen's statement, as mentioned above, was one of the factors that led to his termination.
In a newly filed motion to dismiss, the City says Mullen admitted his plan to provoke teens into assaulting him, lied to Chandler Police Department by saying 30 armed individuals were arriving to the protest, and left out material facts when he notified his supervisor about his interaction with the department.
Mullen also claims his right to free speech was violated, but the City says the plaintiffs have failed to establish that officials violated any constitutional rights.
Mullen went on to criticize the Phoenix Police Department for escalating his discipline and bypassing the investigative review process. The defense, meanwhile, is countering that due process does not apply to internal investigations, and that due process only requires that an employee receive notice of the charges, as well as an opportunity to respond before actual termination happens. The City says since Mullen had legal counsel and was able to present a two-hour defense at his pre-termination hearing, his due process rights were fully satisfied.
Dig deeper:
District 7 Councilwoman Anna Hernandez made her concerns about the protest incident known on April 8, and Mullen was placed on administrative leave two days later. Mullen’s counsel claims that Hernandez personally intervened in the disciplinary process by speaking with Phoenix Police Chief Matt Giordano, and advocating for Mullen’s termination.
The city, meanwhile, says that doesn’t prove that Hernandez participated in the decision, and speaking about an issue publicly does not establish constitutional violation.
What's next:
Mullen is also appealing his termination through the Civil Service Board.
The Source: Information in this report was gathered from Chandler body camera footage, federal court filings, and previous FOX 10 reporting on the matter.