The U.S. Department of Justice (DOJ) has been conducting a comprehensive investigation into the Phoenix Police Department for the past two years. This probe encompasses various concerning issues, including allegations of excessive force, discriminatory practices, and the treatment of the homeless community by the department. The ramifications of this investigation could potentially lead to substantial changes within the city and the police department, coupled with significant financial penalties.

Origins of the Investigation

In the summer of 2021, the DOJ initiated its inquiry into the city of Phoenix and its police department. Unlike some high-profile cases associated with specific incidents, such as those in Minneapolis and Louisville, the investigation into Phoenix revolves around a multitude of reported issues rather than one single event.

Assistant Attorney General Kristen Clarke and her team began this process by meticulously reviewing publicly available information, including court documents, media reports, and citizen complaints. This scrutiny was not without precedent, considering the alarming statistics: in 2018, Phoenix Police officers ranked highest in the nation for police shootings, and the department faced accusations of wrongfully arresting Black Lives Matter protesters in 2020.

Furthermore, activists alleged that officers involved in cleaning up homeless encampments discarded personal belongings, such as identification cards and birth certificates, escalating concerns about the treatment of vulnerable populations.

Key Areas Highlighted in the Investigation

The DOJ’s civil patterns or practice investigation underscored five primary concerns within the Phoenix Police Department:

1. Use of excessive force.
2. Engagement in discriminatory policing practices.
3. Retaliation against individuals participating in protests or demonstrations.
4. Violations of the rights of those experiencing behavioral health disabilities in a crisis.
5. Unlawful seizure and disposal of belongings of individuals experiencing homelessness during clean-ups.

Progress of the DOJ Investigation

The Phoenix Police Department has actively engaged in the DOJ’s investigation, sharing substantial volumes of data, including over 150,000 documents, 22,000 body camera videos, and conducting approximately 130 interviews by November 2023.

Notably, amidst this investigation, leadership changes occurred within the department. Police Chief Jeri Williams retired in May 2022, succeeded by Michael Sullivan, who had significant prior experience in overseeing compliance efforts within the Baltimore Police Department.

Moreover, the Phoenix Police Department introduced a new “use of force” policy in January 2023, inviting public input and feedback from DOJ experts.

Potential Ramifications and Consent Decree

Should the DOJ determine the necessity for reforms within the Phoenix Police Department, it might impose a consent decree, a court-ordered mandate that necessitates negotiated agreement between the DOJ and the city under investigation. A consent decree involves the appointment of a monitor to oversee compliance with stipulated objectives before the oversight is lifted.

This approach finds its roots in the 1994 Crime Bill, established after the Rodney King incident, to ensure police accountability. While consent decrees were frequently employed during the Obama administration, they faced limitations in 2018 under the Trump administration, who argued their adverse effects on law enforcement morale and crime rates.

With over two dozen active consent decrees nationwide, cities like Los Angeles, which was under federal oversight for 13 years, incurred costs exceeding $300 million. Phoenix has already expended substantial funds on this investigation, including expenses for a third-party monitor, legal fees, training, and potential lawsuits, potentially burdening taxpayers for years.

Community Engagement and Meetings

Recognizing the importance of community involvement, the Phoenix Police Department has scheduled a series of community meetings across different precincts to update the public on the investigation’s progress and reform efforts. These meetings, commencing on Jan. 9, 2024, aim to engage citizens and share insights into the ongoing DOJ investigation.

The schedule for these upcoming community meetings includes various locations throughout Phoenix, providing an opportunity for community members to participate and gain an understanding of the ongoing developments:

• Jan. 9 at 6:30 p.m. at Mountain View Community Center (1104 E. Grovers Ave.)
• Jan. 16 at 6:30 p.m. at Eastlake Park (1549 E. Jefferson St.)
• Jan. 17 at 6:30 p.m. at Burton Barr Library (1221 N. Central Ave.)
• Jan. 25 at 6:30 p.m. at South Mountain Library (7050 S. 24th St.)
• Jan. 29 at 6:00 p.m. at Beuf Community Center (3435 W. Pinnacle Peak Rd.)
• Jan. 30 at 6:30 p.m. at Sunnyslope Community Center (802 E. Vogel Ave.)

As the DOJ’s findings loom, city officials have indicated their reluctance to commit to a consent decree, hinting at potential contention ahead.