The Phoenix Police Department claimed a legal victory this past Wednesday when a federal jury sided with them in a civil rights lawsuit concerning a downtown protest, as reported by AZ Family. The suit was generated by two protestors, Jorge Soria and Phil Martinez, who alleged they were targeted by law enforcement due to their criticism of the police; the plaintiffs referenced an event from July 2019 during which they were arrested after failing to disperse from blocking light rail tracks at the behest of the officers present. Lt. Benjamin Moore, the officer who led the scene, attested that the arrests were based purely on actions rather than on the expression of views.
Contrary to the lawsuit's claims, and despite the Department of Justice last year finding a "pattern of civil rights violations" connected to Phoenix PD's actions, the jury concluded that Moore did not violate the protesters' rights which contradicts the DOJ's account—Moreover, the DOJ had cited the July 2019 incident as a particular instance of misconduct with the claim that the protestors’ expressive activities triggered the police decision to select them for arrest. According to John Masterson, Moore's attorney, the jury was likely influenced by trial footage demonstrating that "Nobody was arrested for their speech, their views. They were arrested for their actions," Masterson told AZ Family. He suggested the jury trusted tangible evidence over an external agency's report.
Enhancements to department policy, in response to the DOJ's report, have been underway, as per a statement from a city spokesperson who detailed the implementation of changes geared toward increased transparency and fostering relationships with protest organizers through improved communication channels, as per ABC15. These alterations include developing a specialized Public Safety Response Team and revising the First Amendment Facilitation and Management policy, Dan Wilson, a city spokesman, disclosed that the policy revision was based on feedback from outside experts and community comments and the department has respected the jury's decision and maintains dedication to policy improvement.
