Off-duty police sergeant who showed up armed at Chandler protest faces disciplinary action after judge denies restraining order

Federal Judge Clears Path for Discipline Against Off-Duty Cop Involved in January Protest Incident

A federal judge denied a temporary restraining order request from Sgt. Dusten Mullen on Tuesday. The Phoenix Police Department can now proceed with its disciplinary process against the officer who showed up masked and armed at a student protest in Chandler last January.

Judge Susan Brnovich ruled against Mullen during a May 4 hearing in downtown Phoenix. The judge denied his request for preliminary relief. This decision allows the disciplinary process to continue without court intervention.

Incident Details From January Protest Outside Hamilton High School

The incident occurred on January 30 outside Hamilton High School in Chandler. Mullen was off-duty at the time of the confrontation. He arrived at the protest wearing a full-face mask and carrying an exposed handgun in a holster. He also had two extra handgun magazines on his person.

According to police reports, Mullen told a Chandler police officer his plan was to let students assault him so they could get arrested. He stated he would keep the event on film. He also mentioned that other people were filming from a distance.

Mullen told the officer his goal was to get all the kids in jail if they wanted to break the law. He also said more protesters were on the way. Some of these additional protesters reportedly arrived armed with rifles.

A Chandler police officer advised Mullen to take his protest elsewhere due to the volatile situation. The officer said he never saw any flags touch Mullen's car. Students became agitated and were chanting as they followed Mullen. They believed he was an ICE agent.

Mullen Places Himself on Administrative Leave

On April 10 Phoenix Police Chief Matt Giordano announced an employee with the department had been placed on administrative leave. The statement did not identify Mullen by name at that time. This followed a recent incident involving an off-duty officer in a neighboring city.

Phoenix City Councilwoman Anna Hernandez expressed concerns about the situation. She said she had concerns with this officer working the streets in her community because he is a sergeant who works in one of the precincts that oversees her district.

Lawsuit Accuses Officials of Retaliation

On April 29 Mullen filed a civil lawsuit. He accused Phoenix Police Chief Matt Giordano and Councilwoman Anna Hernandez of retaliation. Mullen's claims center on First Amendment violations and due process concerns.

Mullen's attorney Steve Serbalik told a judge on May 4 that the internal investigation was rushed. The attorney claimed the investigation remains incomplete. A Phoenix Police lieutenant testified the investigation was rushed and that he was ordered to escalate the violation class only after Hernandez made public comments.

Judge Rules Investigation Was Not Rushed

Brnovich rejected Serbalik's arguments during the Tuesday hearing. The judge noted the disciplinary process involving Mullen is not yet complete. Mullen will still receive a Loudermill hearing in front of the police chief. This hearing allows him to present his side of the story.

Brnovich also noted the severity of Mullen's supposed violation triggers a process that may result in demotion. The process could also result in suspension or termination. She wrote it is entirely speculative that Sgt. Mullen faces imminent termination.

The judge rejected Serbalik's argument that elevating Mullen's violations to a class 3 level was excessive. Class 3 violations are for conduct so outrageous that attempts to correct performance would be fruitless. This criteria supports termination.

According to police reports the violations include giving false incomplete misleading statements or willful omissions during an investigation. This falls comfortably under the umbrella of a class 3 criterion.

The judge wrote that plaintiffs have failed to show that Sgt. Mullen has been or will likely be subject to irreparable harm. She noted the Professional Standards Bureau investigation shows investigators considered all evidence.

Loudermill Hearing Scheduled

The ruling clears the way for the Phoenix Police Department to hold Mullen's Loudermill hearing in front of Giordano. This hearing was originally scheduled for Monday morning. Brnovich granted an emergency temporary restraining order in advance of that hearing because its time conflicted with the hearing in her courtroom.

Brnovich lifted that ruling with her new order on Tuesday. It is unclear when the department will now hold the hearing. Serbalik said he is confident the judge will consider the entire record.

Mullen's lawyer stated they hope termination is not imminent. The attorney also hopes Phoenix still intends to conduct a thorough and fair review. Chief Giordano promised such a review.

No Decision Made Yet

A city attorney maintains no decision on termination has been made. The attorney called the three-month investigation fair and thorough. City attorneys declined to comment after court.

Mullen has been on paid leave for weeks while internal affairs investigates his off-duty actions at the student protest. The investigation continues as the disciplinary process moves forward.