Judge Says Phoenix Likely Violated Cop’s Rights But Won’t Give Him His Job Back

A federal judge ruled a Phoenix police officer fired for his off-duty speech cannot get his job back yet, but found the city failed to prove his termination wasn’t punishment for protected First Amendment activity.

U.S. District Judge Susan Brnovich denied Dustin Mullen’s request for a preliminary injunction that would have reinstated him to the Phoenix Police Department while his lawsuit proceeds. But her Friday ruling delivered a sharp rebuke to city officials, concluding they haven’t shown Mullen’s firing was based on legitimate grounds rather than retaliation for constitutionally protected expression.

The case centers on whether a police department can terminate an officer for speech made outside of work. Mullen claims Phoenix fired him in retaliation for statements he made on his own time that department leadership didn’t like. The city argues his conduct violated department policy and damaged public trust in law enforcement.

Judge Brnovich, applying the framework public employees must navigate when challenging termination over speech, found Phoenix couldn’t meet its burden at this stage. The city failed to demonstrate it would have fired Mullen even without the protected speech, she wrote. That failure means Mullen has shown a likelihood of succeeding on his First Amendment retaliation claim.

Despite that finding, Brnovich denied immediate reinstatement. She weighed the competing harms and concluded the disruption to the police department and potential impact on public safety outweighed Mullen’s interest in getting his job back before trial. The decision means Mullen stays fired while the case moves forward, even though the judge found his constitutional argument persuasive.

The ruling highlights tension between police department authority and officer speech rights. Departments nationwide face similar questions as officers increasingly speak out on social media and in public forums about department policies, use of force, and political issues. Courts must balance legitimate government interests in managing police forces against constitutional protections that don’t disappear when someone pins on a badge.

For Phoenix taxpayers, the case carries financial risk. If Mullen ultimately prevails at trial, the city could face damages for violating his constitutional rights, plus his legal fees and potentially back pay. Judge Brnovich’s preliminary findings suggest Phoenix may struggle to justify the termination.

The case now proceeds to full litigation, where both sides will present evidence about what Mullen said, whether it was protected speech, and whether Phoenix had legitimate non-retaliatory reasons to fire him. A trial date has not been set.