A DOJ report reveals that Phoenix police have breached the rights of homeless individuals and minority groups.
The intense investigation into the Phoenix police force comes to a close after nearly three years. The Justice Department uncovered that the department unfairly targets those experiencing homelessness, retaliates against police critics, and employs excessive force against individuals with behavioral health disabilities.
The report exposes how officers unjustly enforce laws against minority groups, with Black, Hispanic, and Native American individuals facing more severe punishments than their White counterparts for similar offenses. The city maintains its claim of being "unaware of any credible evidence of discriminatory policing."
This investigation is significant because it's the first of its kind to focus on a police department's treatment of homeless individuals. In places where police have responded to the rise of tent cities in public spaces by carrying out sweeps, cities should take note.
Investigators found that Phoenix police officers cite or arrest homeless people for seemingly innocent acts, such as sitting or lying down on public property or "trespassing" on private land when they're on a public sidewalk. They went further, taking and destroying these individuals' property under the guise of "clean-up operations."
"A person's constitutional rights do not go away because they don't have a place to live," the report emphasizes.
In a press conference yesterday, Kristen Clarke, head of DOJ's Civil Rights Division, said, "Homelessness is a challenge in Phoenix and many other cities across the country." She added, "The over-policing of the homeless is a central element of the Phoenix Police Department's enforcement strategy. The criminalization of homelessness has no place in our society."
The clash between authorities and the growing number of homeless people has become a significant public issue, with many advocates pressing for better accountability from local leaders.
The Supreme Court is set to deliver its verdict on a case involving an Oregon city that has been ticketing its unhoused residents. The court is being asked to consider whether this practice infringes on the Constitution's ban on "cruel and unusual" punishment.
The DOJ report notes that the Phoenix Police Department has made efforts to address unconstitutional policing practices since the inquiry started but hasn't yet made significant progress.
CNN is attempting to obtain comments from the Phoenix Police Department.
Source: CNN
DOJ report highlights excessive use of force
The DOJ report reveals that the Phoenix Police Department uses deadly force too often and has one of the highest rates of fatal shootings in the country annually.
Phoenix police officers are taught a "misguided notion" of de-escalation, which leads them to regard all force - even deadly force - as de-escalation. This misunderstanding causes officers to use excessive force in many situations.
In one instance, officers shot a man who pointed a gun at them, yet continued to use force even after the man had fallen to the ground. Despite the fact that this man had been shot in the chest, a supervisor instructed them to use a non-lethal weapon to "give a couple pops before we approach" and declined to start CPR right away. The man ultimately passed away.
Worse, police officers have been quick to resort to physical violence and arrests when they felt that people were being disrespectful or critical of the police.
They have also used excessive force during protests to deter First Amendment-protected speech, even firing less-than-lethal weapons recklessly and indiscriminately and applying criminal charges that were harsher than the evidence warranted. In some cases, they fabricated evidence to justify the more severe charges.
The police department's newfound commitment to defending free speech is commendable, but the report cautions that it's too soon to tell if these attempts are effective.
The police department's targeting of minority communities
The report also uncovers the Phoenix Police Department's biased policing strategies, like frequent ticketing and arrests for less serious offenses in minority communities. The department discriminatorily targeted Black, Hispanic, and Native American people by citing and arresting them for low-level traffic, drug, alcohol, and quality-of-life offenses.
The incidents reviewed included officers arresting cyclists in minority neighborhoods almost eight times more often for biking on the wrong side of the road than those in White neighborhoods.
The DOJ probe concludes that the department is unable to sufficiently investigate biased policing complaints due to a lack of capability. Most of the reported incidents were labeled by the department as "rudeness," resulting in minimal investigation.
"In most cases, (the police department) dismisses complaints of discriminatory policing unless there's evidence of overt racism or bias," the report argues. "Since few officers would admit to such things, these complaints will inevitably be looked upon skeptically."
Source: CNN
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The Justice Department's findings highlight that the Phoenix Police Department's excessive force affects not just homeless individuals, but also minorities, as they face harsher punishments than their White counterparts for similar offenses. The DOJ report urges us to consider the implications of this over-policing, as it's a concern that affects 'us' in various cities across the country.
