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Phoenix moves to dismiss a federal lawsuit brought by a police sergeant who was fired

Phoenix police sign
Christina Estes
/
KJZZ

The city of Phoenix is moving to dismiss a federal lawsuit by a former police sergeant seeking his job back after he was fired by the chief in May.

Dusten Mullen was fired over his behavior while off duty, as a masked and armed counterprotester at an anti-Immigration and Customs Enforcement demonstration in Chandler.

The city of Phoenix replied to Mullen’s lawsuit saying he admitted he planned to provoke students, lied to Chandler police and then left out key facts when reporting the incident to his supervisor.

A federal judge declined to reinstate Mullen while his case goes forward, but also wrote that his counterprotester actions were protected by the First Amendment.

Court records say Mullen is also seeking reinstatement from the city’s civil service board.

A federal judge says a former Phoenix police sergeant can likely prove he was fired in retaliation for expressing himself at an anti-ICE student protest in Chandler in January.
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Matthew Casey has won Public Media Journalists Association and Edward R. Murrow awards since he joined KJZZ as a senior field correspondent in 2015.