PHOENIX – Today, the 9th Circuit Court of Appeals issued a ruling in Puente v. City of Phoenix, a case challenging the violent actions taken by the Phoenix Police Department during a protest on August 22, 2017. The ruling rejected claims that the crowd dispersal was motivated by retaliatory intent against the protestors’ political speech, that the officers’ use of chemical agents and other actions did not constitute a violation of "clearly established" constitutional rights, and that the officers involved were protected by qualified immunity.
“Once again, qualified immunity prevents public accountability when the police engage in violence or violate individuals’ rights, including the rights of peaceful protesters. Unfortunately, today’s ruling will only encourage the Phoenix Police to continue to engage in unconstitutional behavior with impunity,” said Jared Keenan, legal director for the ACLU of Arizona. “We are disappointed by this decision, but the right to protest remains a bedrock of our democracy. Arizonans have the right to voice their dissent against the government and we will continue to defend their right to do so.”
During the August 2017 protest, which followed a Trump rally, Phoenix Police violently dispersed peaceful protestors by firing hundreds of projectiles and using heavy weaponry such as pepper balls, tear gas canisters, and batons. As a result, many protestors went home with physical and emotional trauma. Puente v. City of Phoenix was filed by the ACLU of Arizona and civil rights firm Hadsell Stormer & Renick LLP in 2018. Other co-counsel on the case include Goodwin Procter LLP, Mitchell Stein Carey Chapman, PLC, Kay, McLane, Badenarksi and Litt LLP, Schonbrun Seplow Harris & Hoffman, LLP, and Public Counsel. The lawsuit was filed on behalf of Poder in Action, Puente Human Rights Movement, and four individual plaintiffs.