Federal Judge Blocks Phoenix Cop’s Reinstatement Amid First Amendment Lawsuit
A federal judge denied reinstatement to a fired Phoenix police sergeant pending his First Amendment suit.
Why it matters: The case spotlights how police departments navigate employment actions against officers engaged in off-duty political activity, raising questions for public-sector employers about constitutional protections, discipline, and public trust.
- Judge Susan Brnovich ruled Sgt. Dusten Mullen’s First Amendment claims ‘are strong’ but denied his injunction.
- Mullen was fired after attending an anti-ICE protest while off-duty, masked, and armed.
- His lawsuit alleges retaliation by Phoenix officials, seeking job reinstatement.
- The court found Mullen failed to show imminent irreparable injury required for immediate return to duty.
U.S. District Judge Susan Brnovich has denied Phoenix Police Sergeant Dusten Mullen’s bid for immediate reinstatement following his firing for conduct at an anti-ICE rally, despite ruling that his First Amendment retaliation claims are strong. The court concluded that Mullen did not prove he would suffer imminent, irreparable injury if not reinstated during litigation.
- On January 30, 2026, Mullen attended a Chandler, Arizona student protest while off-duty, masked and armed, without identifying himself as an officer.
- He told local police he intended to allow the students to "assault him so they could be arrested," which he later described as a frustrated remark. Media coverage and public comments from Phoenix Council member Anna Hernandez preceded his placement on administrative leave on April 10, 2026.
- Phoenix Police Chief Matt Giordano cited professional judgment concerns when terminating Mullen on May 14, 2026, stating, "Officers are held to a higher standard and when they fall short they must be held accountable."
- Mullen, represented by attorney Steve Serbalik, filed suit on April 27, 2026, alleging Phoenix officials retaliated for his off-duty political activity. Serbalik argued, "Police officers, just like everyone else, have First Amendment rights when they’re off duty."
- On May 21, 2026, Judge Brnovich denied Mullen’s request for preliminary relief, writing, "The merits of Plaintiffs’ case are strong. But...fail to articulate imminent irreparable injury warranting the preliminary injunctive relief they seek." (Read more).
The case highlights the ongoing legal debate over the bounds of public employee speech protections and department discipline. Its outcome could influence future public-sector employment disputes nationwide, especially in law enforcement.
By the numbers:
- January 30, 2026 — Date of anti-ICE protest involving Mullen
- May 14, 2026 — Date Mullen was terminated by Phoenix Police
- May 21, 2026 — Judge denied preliminary injunction for reinstatement