A Phoenix police sergeant who was terminated from his position following an incident at a high school protest will not be reinstated to his job while his First Amendment lawsuit proceeds through the courts, a federal judge ruled Thursday.
Sergeant Dusten Mullen had sought a preliminary injunction that would have temporarily restored him to his position with the Phoenix Police Department pending the outcome of his legal challenge. U.S. District Judge Susan Brnovich denied the request, determining that while Mullen appears likely to succeed in his First Amendment retaliation claim, he failed to demonstrate that monetary damages would be insufficient to address any harm if he ultimately prevails.
The controversy stems from an incident at Hamilton High School in Chandler, where students were conducting a walkout protest against Immigration and Customs Enforcement activities. Mullen, who was off duty at the time, initially went to the school to pick up his son but remained at the scene. He was wearing a Trump 2024 shirt and face mask while carrying a lawfully possessed firearm with additional magazines.
Surveillance footage and cellphone recordings presented in court show Mullen engaging with the protesting students, who were directing expletives at him. In the videos, he can be heard asking students if they wanted to have a conversation and telling them to grow up. A Chandler police officer on scene advised Mullen to leave the area, stating he was provoking the students.
The critical moment that led to Mullen’s termination occurred when he made a statement to another officer while walking away from the crowd. Mullen said his plan was to allow the students to assault him so they could be arrested, stating he would keep everything on film and had others recording from a distance. He expressed his goal was to get the students jailed if they chose to break the law.
Phoenix Police Chief Matthew Giordano, named as the primary defendant in the lawsuit, characterized Mullen as a serious threat to public trust when announcing the termination. The chief emphasized that community trust must be earned daily by the department.
In her ruling, Judge Brnovich acknowledged strong evidence suggesting Mullen’s termination was linked to his symbolic messaging on immigration enforcement, particularly his choice to wear the Trump shirt at the protest. She noted that the city’s decision to fire Mullen appeared to come after public criticism from City Council Member Anna Hernandez, suggesting public pressure was the determining factor in his termination.
Despite finding merit in Mullen’s First Amendment claims, the judge explained that temporary loss of income that can be recovered later typically does not constitute irreparable injury warranting preliminary relief. She stated that the purpose of a preliminary injunction is to prevent future irreparable harm, not to remedy damage already done.
Mullen had argued that his termination would create a chilling effect on other police officers’ First Amendment rights nationwide, discouraging them from engaging in counterprotests due to fear of employment consequences. However, Judge Brnovich found that placing Mullen on paid administrative leave during the lawsuit, rather than full reinstatement, would not prevent such a chilling effect since officers would still likely be discouraged until a final court ruling.
The sergeant maintains that his statement about allowing students to assault him was taken wildly out of proportion due to political involvement and misleading media coverage. He claims to have suffered both monetary losses and reputational damage from the city’s handling of the situation.
Judge Brnovich’s analysis of the video evidence led her to conclude that Mullen did not actually instigate or provoke any student to assault him, despite the city’s characterization of events. She found that Mullen’s argument and the video evidence persuasively contextualized his controversial statement.
The case will continue to proceed through the federal court system as Mullen pursues his First Amendment retaliation claim against the city and police department leadership.
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