Department of Justice plans statements on Phoenix 'civil rights matter'
The Department of Justice has scheduled a virtual news conference Thursday morning about a civil rights matter related to Phoenix.
The news conference was set for 10 a.m. Arizona time.
Justice Deparment officials were expected to reveal what the agency learned in a nearly three-year investigation of the Phoenix Police Department. The investigation began on Aug. 5, 2021. At the time, the department promised to look into use of force, whether police retaliate against protesters, discriminatory police practices, and how officers treat individuals who have disabilities or who are experiencing homelessness.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division was scheduled to speak at the event.
City spokesperson Dan Wilson said Wednesday evening the city had not yet seen any findings report and declined to comment further.
Thursday will mark a turning point in the saga between the city and the Justice Department.
The city has handed over roughly 180,000 documents, more than 22,000 body-worn camera videos, 20 terabytes of data and 200 emergency 911 calls to the feds. DOJ officials conducted more than 130 interviews with city employees and took part in 200 hours' worth of Phoenix police ride-alongs, as of February.
The department's findings could lead to a court order binding the Phoenix Police Department to the DOJ for years to come. City leaders have vocally opposed this prospect for months while expressing frustration over the federal investigation.
In January, the city formally asked the Justice Department to let it reform its own Police Department — taking federal recommendations into account but not tethering the city to costly oversight from a judge or independent monitor.
What brought on the federal investigation into Phoenix police?
The DOJ investigation, announced on Aug. 5, 2021, came after a headline-grabbing stretch of police shootings and several incidents that drew national attention and sharp criticism of Phoenix police from activists and city officials.
In 2018, police in Phoenix shot at more people than police in any other U.S. city. Out of the 44 shootings, 23 ended in death. From 2013 to 2023, Phoenix police were involved in 142 fatal shootings, second only to the Los Angeles Police Department, according to the Mapping Police Violence project.
In May 2020, police shot Ryan Whitaker after officers responded to a noise complaint. Whitaker opened his apartment door holding a gun, and an officer shot him seconds later. Whitaker's family received a $3 million payout from the city.
In July 2020, officers mistook James "Jay" Porter Garcia for a stabbing suspect and shot multiple rounds at him. Garcia was experiencing homelessness and sleeping in a car. He had a gun with him.
The controversies extended beyond shootings and fatalities.
There were racist social media posts by officers. People experiencing homelessness complained police were throwing away their possessions. A challenge coin mocking protesters circulated throughout the department. People demonstrating against police use of force were arrested and falsely prosecuted as gang members.
In 2020, The Arizona Republic published a 10-year analysis finding that the Phoenix Police Department discriminated against Black, Native American and Latino people by using force against those populations at higher rates compared with white people. In 2019, officers used force five times more often against Black and Native American people, the investigation showed.
What did the U.S. Department of Justice investigate?
When the Justice Department announced in August 2021 that it had opened an investigation into the Phoenix Police Department, the federal agency said it would focus on five areas:
Use of force by Phoenix police officers, including deadly force and force used against individuals with behavioral health disabilities.
Retaliatory activity by Phoenix police through arresting or using force against individuals engaged in activities protected by the First Amendment.
Discriminatory policing on the basis of race, ethnicity or disability.
Violation of the rights of individuals experiencing homelessness.
Phoenix's systems and practices for responding to people with disabilities.
Phoenix police shared more than 179,000 documents and 22,000 body camera videos with the DOJ, according to city records. DOJ investigators also interviewed community members, watchdog organizations, Phoenix police officers and city staff.
The Police Department estimated that the DOJ’s investigation had cost the city more than $7.5 million as of February 2024.
What’s next for the Phoenix Police Department and the DOJ?
From here, Phoenix and the DOJ could enter into a court-enforced consent decree or reach an oversight agreement outside of court. The DOJ, alternatively, could offer Phoenix a technical assistance letter, which doesn't obligate the city to anything and leaves the oversight in the hands of the local government — which is what the city has said it would prefer.
Since 2009, at least 16 departments have entered into consent decrees and 11 others have entered into other types of agreements with the DOJ. The DOJ hasn’t given out a technical assistance letter in more than a decade.
There are crucial differences between consent decrees and the other agreements the Justice Department might use, though both can last for years and lead to significant expenses as reforms are implemented.
A court orders a consent decree, so if a law enforcement agency doesn't meet the court's standards, it can be held in contempt, and the court can impose hefty fines.
Other DOJ agreements with police agencies — usually a "memorandum of agreement" — are enacted outside the court system and act as a contract. They can lead to lawsuits if broken.
While agreements can have a third-party monitor assigned to oversee their implementation, all consent decrees have one appointed by the court. These monitors are typically retired police chiefs or lawyers.
On Jan. 11, Phoenix sent a letter to the DOJ asking the agency to consider a technical assistance letter, which would allow the DOJ to make observations about what its investigation revealed and lay out a series of detailed recommendations on how any issues should be reformed. That would leave reform oversight in the hands of the city. Phoenix attached a 53-page report to the letter detailing the Police Department's recent reform efforts.
If the DOJ does not offer a technical assistance letter and Phoenix refuses a consent decree or other agreement, then the most likely outcome would be a civil lawsuit in federal court by the DOJ against the city.
The DOJ has filed a lawsuit at least six times after an investigation into a law enforcement agency. Only once did the DOJ lose.
This is a developing story. Check back for updates.
Miguel Torres covers public safety for The Arizona Republic/azcentral.com. Reach him at miguel.torres@arizonarepublic.com.
Taylor Seely covers Phoenix for The Arizona Republic/azcentral.com. Reach her at tseely@arizonarepublic.com or 480-476-6116.
This article originally appeared on Arizona Republic: Department of Justice sets news conference on Phoenix 'civil rights'
