Phoenix tried to fight court intervention
Before Brnovich’s order, Phoenix officials sought to stop the court’s intervention.
City Attorney Julie Kriegh said the city had provided Mullen proper due process and had not predetermined whether or how he would be disciplined. She asked the court not to intrude because the city had an “interest in quickly handling this employee-discipline matter.”
Kreigh said that because the Loudermill hearing hadn’t yet happened, “there is no indication what discipline, if any, will be issued.”
“Contrary to (Mullen’s) assertions, his termination from City employment is not imminent,” Kriegh wrote.
Mullen accuses Phoenix of viewpoint discrimination
Mullen’s battle with the city began after a Chandler Police Department report showed he was involved in a dispute with teenagers at a Jan. 30 student-led, anti-ICE protest. The report was spurred by an alleged assault from a student protester against Mullen, but it also included the statements by Mullen in which he indicated a “plan” to get teens to assault him.
The Maricopa County Attorney’s Office declined to pursue charges against the student protester.
According to the report, Mullen told Chandler police, “My plan is legitimately to just let them all assault me,” and “my goal (unintelligible) to get all these kids in jail if they want to break the law.” He attended “as a supporter of police,” the report said.
Phoenix police spokesperson Cmdr. Mercedes Fortune told The Arizona Republic the department transferred Mullen to a non-enforcement role after learning about the incident. After news media reported the story, the department placed Mullen on leave.