Phoenix Police Sergeant Faces Backlash Over Off-Duty Protest Attendance

Attorney demands reinstatement, claims department violated sergeant's constitutional rights

Apr. 13, 2026 at 10:08pm

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A fractured, abstract painting in shades of blue, grey, and black depicting the silhouette of a police officer in motion, conveying the tension between individual rights and professional duties.The confrontation between a Phoenix police sergeant and student protesters at an off-duty demonstration reflects the complex interplay between constitutional freedoms and the responsibilities of law enforcement.Phoenix Today

The attorney for Phoenix Police Sgt. Dusten Mullen has issued a statement demanding the department reinstate his client and retract a media advisory suggesting misconduct. Mullen was placed on administrative leave after showing up armed and masked to a student anti-ICE protest in Chandler while off duty.

Why it matters

This case highlights the tension between a police department's expectations of officer conduct and an individual's constitutional rights to free speech and expression, even when off-duty. It raises questions about where the line should be drawn between appropriate and inappropriate behavior for law enforcement.

The details

According to a Chandler police report, Sgt. Mullen confronted students at the protest and told officers his plan was to let protesters assault him so they could be arrested. A 15-year-old girl was arrested for allegedly throwing water on Mullen, but the Maricopa County Attorney's Office declined to pursue charges. Phoenix Police Chief Matt Giordano placed Mullen on administrative leave, stating officers must hold themselves to a higher standard and that the department will not tolerate actions that undermine public trust.

  • In late January, Sgt. Mullen attended the Chandler anti-ICE protest while off-duty.
  • On April 13, 2026, Mullen's attorney issued a letter demanding his reinstatement.

The players

Sgt. Dusten Mullen

A Phoenix Police sergeant who was placed on administrative leave after attending an off-duty protest in Chandler while armed and masked.

Steve Serbalik

The attorney representing Sgt. Mullen, who is demanding his client's reinstatement and claiming the department violated his constitutional rights.

Phoenix Police Chief Matt Giordano

The Phoenix Police Chief who placed Sgt. Mullen on administrative leave, stating officers must hold themselves to a higher standard.

Anna Hernandez

A Phoenix City Councilwoman who requested employment action against Sgt. Mullen.

OD Harris

A Chandler City Council member who called Sgt. Mullen 'a disgrace to the badge' for his actions at the protest.

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What they’re saying

“Placing Sgt. Mullen on administrative leave and issuing a media advisory that suggests misconduct based solely on his lawful, off-duty expressive activity appears to chill the exercise of constitutionally protected speech and risks violating both federal and state constitutional guarantees.”

— Steve Serbalik, Attorney representing Sgt. Mullen

“Sgt. Mullen 'a disgrace to the badge.'”

— OD Harris, Chandler City Council member

“Our community expects integrity, accountability and sound judgment from every member of this Department, and I expect the same. When we fall short, we must be accountable, and we will not tolerate actions which undermine the trust the community has placed in the Department.”

— Matt Giordano, Phoenix Police Chief

What’s next

The Phoenix Police Department has stated that the completed report on the incident will come to Chief Giordano for review, and he will communicate his decision based on the findings publicly.

The takeaway

This case highlights the complex balance between protecting an officer's constitutional rights and maintaining public trust in law enforcement. It raises important questions about the appropriate boundaries for off-duty conduct and the need for clear policies that respect both individual liberties and the responsibilities of the police force.