Brnovich denied Mullen’s request for an immediate restraining order and preliminary injunction reversing the firing, but acknowledged, “Plaintiffs can show Sgt. Mullen acted as a private citizen engaged in First Amendment protected activity.” She said Mullen initially went to an anti-ICE protest at a school to check on his son, but remained to counterprotest. He was not wearing his uniform and was off duty. He wore a shirt that said “Trump 2024.”
The opinion went over how Mullen engaged in constitutionally protected free speech, filming himself and the protesters confronting him. “Sgt. Mullen’s symbolic message of his opinion on immigration enforcement is also clearly a comment on a salient, political issue.” One section of the opinion was titled: “Evidence Supports Plaintiffs’ Claim That Sgt. Mullen Was Terminated For Engaging In First Amendment Protected Activity.”
After the incident, the PPD’s Professional Standards Bureau (PSB) interviewed Mullen’s supervisor, Lieutenant Brian Thatcher about what had happened, and informed him afterwards that Mullen would not be terminated. However, after the media reported on the incident, and “Phoenix City Councilwoman Anna Hernandez made public comments on the investigation, criticizing Sgt. Mullen’s off-duty conduct and questioned his continued employment in her district,” PPD increased the severity of the violation.
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