By Staff Reporter |
Maricopa County leadership is asking U.S. Attorney General Pam Bondi to drop a lawsuit against Phoenix police and limit consent decrees.
In a letter sent to Bondi on Tuesday, Maricopa County Board of Supervisors Chairman Thomas Galvin made the case to drop the ongoing Department of Justice (DOJ) lawsuit against the Phoenix Police Department and further restrict consent decree usage in order to improve law enforcement capabilities.
“My colleagues and I share a commitment to effective policing,” said Galvin. “Federal oversight is an affront to federalism.”
Galvin said the controls exercised by the judicial branch over policing in recent decades amounted to “an assault on federalism and a quiet tyranny” perpetrated by activists. The chairman reminded Bondi that no instances of racial profiling in traffic stops emerged in Maricopa County following the 2013 ruling in Ortega Melendres, et al. v. Arpaio, et al. In that case, the ACLU, ACLU of Arizona, Mexican American Legal Defense and Educational Fund, and law firm Covington & Burling sued on behalf of Latino residents alleging Maricopa County Sheriff’s Office committed racial profiling in traffic stops when inquiring after immigration status.
“Tragically, one of the largest obstacles to protecting our citizens is legal: judicial takeovers of law enforcement through consent decrees, court-appointed monitors, and judgments that mutate over time to prevent local governments from ever satisfying their requirements and regaining local control,” wrote Galvin.
Galvin reported Maricopa County spent over $300 million on the consent decree and independent monitoring to comply with the 2013 federal court ruling. Galvin asked Bondi to restore limitations on consent decrees in order to lift the fiscal and administrative burdens on Maricopa County law enforcement.
Galvin also asked Bondi to drop the lawsuit against the Phoenix Police Department (PPD). Last June, the Biden administration’s DOJ accused PPD and the city of Phoenix of committing civil rights violations: excessive force and unjustified deadly force; unlawful detainment, citations, and arrests of homeless individuals; unlawful disposal of homeless belongings; discrimination against Black, Hispanic, and Native American individuals; free speech punishments; and discrimination against mentally ill individuals.
The DOJ’s accusations were a result of their investigation opened in August 2021. The DOJ sought to enter into a consent decree and independent monitoring, but the city refused.
“It simply sets the stage for a judgment that allows a federal judge to take over law enforcement in America’s fifth-largest city — exactly the nightmare that Maricopa County is living already,” wrote Galvin. “I am certain you will agree that our communities will only be safer and stronger if they were able to commit every resource to fighting the flow of drugs, violence, and human smuggling rather than chasing the whims of a federal judge.”
The county does have some support for an end to the lawsuit at the federal level.
Last month, Congressman Abe Hamadeh submitted a similar request letter to FBI Director Kash Patel requesting a rescission of the DOJ’s “desperate witch hunt” report on PPD.
“It is nothing more than an attempt to undercut valid police work, leaving my constituents — both officers and civilians — at risk,” wrote Hamadeh. “Despite the Biden DOJ’s baseless claims, our officers did everything right, voluntarily cooperating in good faith, opening their records, and participating in lengthy interviews. They were met with stonewalling, mischaracterized testimony, and a final report riddled with glaring inaccuracies.”
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