Dusten Mullen, the Phoenix cop fired for his off-duty behavior at a student protest, lost a battle on Thursday. But he may win the war.
In a 15-page ruling issued Thursday in Mullen’s lawsuit against the city of Phoenix, federal Judge Susan Brnovich denied Mullen’s request for a temporary restraining order and preliminary injunction that would have seen him reinstated with the Phoenix Police Department. But Brnovich acknowledged that Mullen has strong First Amendment claims against the city, which fired him after he showed up masked and armed at an anti-ICE student protest in Chandler and told local police he wanted to bait students into assaulting him.
Mullen, who was a sergeant, was fired on May 14 after what’s known as a Loudermill hearing in front of Phoenix Police Chief Matt Giordano and other city officials. Mullen’s attorney, Steve Serbalik, immediately filed a motion asking the court to reverse that decision while Mullen’s ongoing lawsuit plays out…