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DOJ will investigate how Phoenix police treat homeless people and protestors

Aug 05, 2021

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Attorney General Merrick Garland announced Thursday the U.S. Department of Justice is launching an investigation into allegations saying police officers in Phoenix used excessive force against homeless people in the city.

According to Garland, the investigation will also look into whether police have used discriminatory policing practices. Investigators will try to figure out if officers have retaliated against people engaged in protected First Amendment activities.

That last part is in reference to the fallout from a protest against police brutality last October. More than a dozen people were arrested and charged with alleged gang activity. At the time, civil rights advocates had been accusing Phoenix police and prosecutors of pursuing gang charges as a way to to silence dissent and scare protesters. The top prosecutor in Maricopa County, where Phoenix is located, dismissed those charges back in June.

As for the part of the investigation looking into police treatment of the homeless, the DOJ will look into whether officers violated their rights by “seizing and disposing of their belongings in a manner that violates the Constitution,” Garland said.

Phoenix Mayor Kate Gallego hailed the Justice Department investigation, saying it will help with police reform measures she has been pushing since taking office in 2019.

“Public safety reform is an ongoing process in Phoenix, and now, with the help of the USDOJ, this robust program will continue,” Gallego said in a statement.

However, City Councilman Sal DiCiccio voiced his disapproval of investigation, saying the Phoenix Police Department “has been under extreme attack by activists bent on defunding the police.”

“I welcome another set of eyes to see what we already know: that we have a department staffed by dedicated individuals who go to great lengths to protect our community, and do so honorably and fairly,” he said in a statement.

Phoenix Police Chief Jeri Williams welcomed the investigation. “The Department of Justice inquiry is another opportunity to further improve the department and to better serve our city,” Chief Williams said. “I believe in the men and women of the Phoenix Police Department who commit their lives to protecting the community. I know that good officers do not want to work in a system that allows bad practices. And our community expects and deserves a high quality police department with officers committed to justice, fairness and respect.”

Merrick Garland, U.S. Attorney General: “Today, we are announcing that the Justice Department is opening an investigation into the city of Phoenix and the Phoenix Police Department. The investigation will determine whether the Phoenix Police Department engages in a pattern or practice of violations of the Constitution or federal law. This is the third pattern or practice investigation I have announced as attorney general. Each time I have noted that these investigations aimed to promote transparency and accountability. This increases public trust, which in turn increases public safety.”

“Our society is straining the policing profession by turning to law enforcement to address a wide array of social problems. Too often, we ask law enforcement officers to be the first and last option for addressing issues that should not be handled by our criminal justice system. This makes police officers jobs more difficult, increases unnecessary confrontations with law enforcement and hinders public safety.”

Kristen Clarke, U.S. Assistant Attorney General: “Protecting the rule of law demands that those who enforce our laws also abide by them. Ensuring that law enforcement acts in a lawful and accountable manner is a priority for the civil rights division.”

“We have reviewed court files, media reports, citizen complaints, and we also considered factors that we ordinarily weigh in determining whether to open an investigation, including the nature and seriousness of the allegations, the number of allegations, the steps that a department may be taking to address the allegations and the history of the department. We found that the evidence here warrants a full investigation, but we approach this process with no predispositions or pre drawn conclusions.”

“What we’re planning to roll up our sleeves and look at closely is whether or not the Phoenix Police Department uses force unconstitutionally, including deadly force, whether the department engages in discriminatory policing, whether the department engages in retaliatory conduct by making arrests or using force against individuals engaged in peaceful, expressive activities.”

“We’re going to look at the department and whether they violate the rights of people experiencing homelessness by unlawfully seizing or disposing of personal property during cleanings or sweeps of encampments.”

“We are pleased that (Phoenix) Mayor (Kate) Gallego and (Police) Chief (Jeri) Williams have pledged their full support. I will repeat the same message our team conveyed to city officials and city leaders this morning. We’re committed to following the facts where they lead and doing so in a timely manner so that we can expeditiously address any pattern or practice of unlawful conduct that may be identified.”