Case 2:19-cv-05365-MTL Document 1 Filed 10/10/19 Page 1 of 16

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Steven J. Serbalik, Bar #028191
STEVEN J. SERBALIK, P.L.C.
4925 E. Desert Cove Ave #116
Scottsdale, Arizona 85254
Telephone: (480) 269-1529
steveserbalik@gmail.com
Attorney for Plaintiffs Juan Hernandez and
the Arizona Conference of Police and
Sheriffs, Inc.

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UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

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Juan Hernandez, individually and the Arizona
Conference of Police and Sheriffs, an Arizona
nonprofit corporation,
Plaintiffs,
v.
The City of Phoenix, a municipal corporation;
Jeri Williams, in her official capacity as Chief
of Police of the Phoenix Police Department;
and Shane Disotell, in his official capacity as
the Commander of the Phoenix Police
Professional Standards Bureau,

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Plaintiffs Juan Hernandez and the Arizona Conference of Police and Sheriffs
(“AZCOPS”) (collectively where appropriate the “Plaintiffs”) for their Complaint against
the City of Phoenix, Jeri Williams and Shane Disotell, (collectively where appropriate the
“Defendants”) allege as follows:
JURISDICTIONAL ALLEGATIONS

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COMPLAINT AND PETITION
FOR A TEMPORARY
RESTRAINING ORDER,
PRELIMINARY INJUNCTION,
AND PERMANENT INJUNCTION

Defendants.

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NO.

1.

Jurisdiction is appropriate pursuant to 28 U.S.C. §1331 because Plaintiffs

bring this action pursuant to 42 U.S.C. §1983 and the First and Fourteenth Amendments
of the United States Constitution. This Court also has supplemental and/or pendent
jurisdiction over state constitutional, common law and statutory claims pursuant to 28
U.S.C. §1367.
2.

This Court has jurisdiction of Plaintiffs’ federal law claims pursuant to 28

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U.S.C. §1331 and 42 U.S.C. §1988. Additionally, this Court has jurisdiction over

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Plaintiffs’ state and federal claims pursuant to Article 6, Section 14 of the Arizona

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Constitution. Plaintiffs seek injunctive relief.

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3.

Venue is proper in this Court pursuant to A.R.S. §12-401 and 28 U.S.C.

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§1391 as the parties are residents and entities of Maricopa County and Pima County and

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the events underlying this lawsuit occurred in Maricopa County, an area wholly within the

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District of Arizona. All parties are residents of and/or are doing business in Arizona.

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GENERAL ALLEGATIONS
4.

Plaintiffs reallege and incorporate, by this reference, their claims, facts and

allegations in the paragraphs above as if set forth fully herein.
5.

Defendant City of Phoenix is a governmental entity that acts through its

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employees, agents and independent contractors, including Defendants Jeri Williams and

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Shane Disotell.

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6.

Defendant Jeri Williams is the duly-appointed Police Chief of the City of

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Phoenix and the head of the Phoenix Police Department (“Phoenix PD”), with ultimate

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authority and responsibility to establish policy, practices, customs, procedures, protocols

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and training for the Phoenix PD as an official policymaker. Her actions and/or inactions in

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his official capacity constitute actions of the Phoenix PD and the City of Phoenix is

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vicariously and directly liable for her wrongful conduct as alleged herein. As the

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appointed Police Chief, Williams has official, vicarious, direct and supervisory liability

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for the Phoenix PD’s officers, agents and employees.

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7.

Defendant Shane Disotell is the duly-appointed Commander of the City of

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Phoenix Police Department’s Professional Standards Bureau. In this role, he transmits

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reports and recommendations to Chief Williams and other officials in the City of Phoenix,

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who rely upon his actions and recommendations in deciding on disciplinary actions and

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policy interpretations. His actions and/or inactions in his official capacity constitute

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actions of the City of Phoenix and the City of Phoenix is vicariously and directly liable for

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his wrongful conduct as alleged herein.
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8.

Plaintiff AZCOPS is a statewide organization dedicated to fair

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representation of law enforcement officers located around the State of Arizona. Plaintiff

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Hernandez is an AZCOPS member, and AZCOPS therefore provides Plaintiff Hernandez

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with legal representation and incurs costs and fees associated with this representation.

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ALLEGATIONS COMMON TO ALL COUNTS

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Juan Hernandez’s Employment with the Phoenix Police Department

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9.

Plaintiff Juan Hernandez is a Phoenix Police Sergeant and a state-certified

peace officer.

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10.

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Facebook profile.

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11.

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Since prior to September 30, 2013 through today, Hernandez maintained a

Plaintiff Hernandez’s Facebook postings, at all times relevant to this

Complaint, were made exclusively in his private, personal capacity.
12.

At no time relevant to this Complaint did Plaintiff Hernandez serve as a

Phoenix Police or City of Phoenix spokesman.
13.

As an employee of the Phoenix Police Department, Plaintiff Hernandez is

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responsible for obeying any lawful City of Phoenix Administrative Regulations and any

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lawful Phoenix Police Operations Orders.

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14.

On or about August 14, 2012, Plaintiff Hernandez posts a news article

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opening with the sentence “Recent VIOLENCE against peaceful pro-life demonstrators

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are BURIED by the news media in favor of coverage for Tom Cruise and Katie Homes’

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divorce.” This posting is attached to this Complaint as Exhibit 1, and incorporated as if

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fully set forth herein.

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15.

On or about September 12, 2012, Plaintiff Hernandez posts a news article

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titled “Islamists Drag Dead Body of US Ambassador in the Streets.” This posting is

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attached to this Complaint as Exhibit 2, and incorporated as if fully set forth herein.

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16.

On or about August 1, 2013, the Phoenix Police Department’s Social Media

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Policy (the “PD policy”) goes into effect. The PD policy is attached to this complaint as

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Exhibit 3, and incorporated as if fully set forth herein.
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17.

On September 30, 2013, Plaintiff Hernandez posts a meme, beginning with

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the statement “The Most Common Name for a Convicted Gang Rapist in England

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is…Muhammed.” This posting is attached to this complaint as Exhibit 4, and incorporated

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as if fully set forth herein.

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On October 8, 2013, Plaintiff Hernandez posts a meme titled “You just got

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to love the Brits.” This posting is attached to this complaint as Exhibit 5, and incorporated

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as if fully set forth herein.

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On December 24, 2013, Plaintiff Hernandez posts a meme titled “Recent

Contributions to Science by Muslims.” This posting is attached to this complaint as
Exhibit 6, and incorporated as if fully set forth herein.
20.

On January 1, 2014, Plaintiff Hernandez posted a news article titled “Real

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Footage – Cops Shoot Thug in the Head.” There appears to have been a picture in the

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initial posting, but it does not appear in the reposting or in the Phoenix PD’s investigation.

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This posting is attached to this complaint as Exhibit 7, and incorporated as if fully set

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forth herein.

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On January 1, 2014, Plaintiff Hernandez posted a news article titled

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“Congress Throws Veterans Under the Bus for Illegal Immigrants.” This posting is

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attached to this complaint as Exhibit 8, and incorporated as if fully set forth herein.

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On January 9, 2014, Plaintiff Hernandez posted a news article titled “The

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End of Christians in the Muslim World.” This posting is attached to this complaint as

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Exhibit 9, and incorporated as if fully set forth herein.

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23.

On January 9, 2014, Plaintiff Hernandez posted a news article titled

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“Military Pensions Cut, Muslim Mortgages Paid by US.” This posting is attached to this

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complaint as Exhibit 10, and incorporated as if fully set forth herein.

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On February 7, 2014, Plaintiff Hernandez posted a news article titled

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“Young Christian Girl Repeatedly Raped by 15 Muslims Then Murdered.” This posting is

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attached to this complaint as Exhibit 11, and incorporated as if fully set forth herein.

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25.

On March 27, 2014, Plaintiff Hernandez posted a news article titled “Two
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Christians Beheaded in New Jersey by Muslim Man: Media, Silent!” This posting is

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attached to this complaint as Exhibit 12, and incorporated as if fully set forth herein.

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26.

On or about June 1, 2019, the Plain View Project releases social media posts

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made by selected police officers onto a public website – accessible at the time of this

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complaint at www.plainviewproject.org

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The Plain View Project’s website, at all times relevant to this complaint,

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includes the following language: “To be clear, our concern is not whether these posts and

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comments are protected by the First Amendment. Rather, we believe that because

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fairness, equal treatment, and integrity are essential to the legitimacy of policing, these

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posts and comments should be part of a national dialogue about police.”
28.

Exhibits 1-2 and 4-12 were included in the Plain View Project’s database

published on the Plain View Project website.
29.

On or about June 3, 2019, the Phoenix Police Department’s Professional

Standards Bureau initiated an internal investigation (the “PSB investigation”).
30.

Upon information and belief, prior to the Plain View Project publication, no

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member of the Phoenix Police Department had faced significant discipline (suspension,

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demotion and/or termination) based upon the PD policy as applied to private postings on

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any social media platforms.

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31.

Despite the fact that the Facebook posts were online for years, prior to the

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Plain View Project publication, no one from the Phoenix Police Department or the City of

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Phoenix ever identified Plaintiff Hernandez’s postings as alleged violations of any PPD or

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Phoenix policy.

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32.

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On or about June 5, 2019, Plaintiff Hernandez received a Notice of

Investigation alleging that he violated the PPD Social Media Policy.
33.

On or about the same date that Plaintiff Hernandez received the Notice of

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Investigation, he set his Facebook profile to “private” and, fearing potential additional

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disciplinary action, he ceased reposting any news articles.

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34.

On or about June 20, 2019, Plaintiff Hernandez was interviewed, as a
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condition of his employment, as part of the PSB investigation. A copy of the transcript of

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the interview is attached to this complaint as Exhibit 13, and incorporated as if fully set

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forth herein.

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35.

During his interview, the PSB investigation only focused on four of Plaintiff

Hernandez’s Facebook posts – those identified in this complaint as Exhibits 4, 5, 6 and 10.
36.

During his interview, Plaintiff Hernandez explained that he was simply

reposting content that he felt involved matters of public concern.
37.

The PSB investigators did not provide any information as to why these

particular posts were alleged to have been a violation of the PD policy, when the posts
contained in Exhibits 1-2, 7-9, and 11-12 were not.
38.

Exhibit 4 includes information that was widely covered in mainstream

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media discussing shifting demographics (and common male names in the United

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Kingdom) as demonstrated in Exhibit 14.

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39.

Exhibit 6 includes information that was widely covered in mainstream

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media discussing statements issued by certain prominent individuals, as demonstrated in

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Exhibit 15.

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40.

Exhibit 10 is a link to an article discussing government spending priorities, a

quintessential example of a matter of public concern.
41.

For all Facebook posts related to this matter (Exhibits 1-2 and 4-12),

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Plaintiff Hernandez did not “comment” on or “create” the content at issue. He simply

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reposted content that he identified as part of ongoing public dialogue on matters that he

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wanted to discuss further with his friends, family and associates.

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42.

On August 17, 2019, the Phoenix PD transmitted a “draft investigation” that

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would sustain Plaintiff Hernandez for violating the PD Policy with a “Class III”

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disciplinary classification contemplating a suspension of 40, 80, or 240 hours without pay,

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and/or demotion/termination.

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43.

After receiving the draft investigation, on or about August 26, 2019,

Plaintiff Hernandez, through counsel, advised Defendants that attempting to discipline
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Plaintiff Hernandez for discussing matters of public concern has a chilling effect on

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Plaintiff Hernandez and members Plaintiff AZCOPS, and that proceeding with discipline

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could result in legal action.

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44.

On or about September 4, 2019, and “investigative review process” meeting

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was held with Plaintiff Hernandez and his representatives (who are members of Plaintiff

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AZCOPS) and Defendant Disotell and other members of the PSB investigation team.

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45.

Lt. Brian Thatcher, a member of Plaintiff AZCOPS and a union

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representative of Plaintiff Hernandez, asked pre-prepared questions (attached as Exhibit

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16 and incorporated as if fully set forth herein) and subsequently authored a

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contemporaneous memo documenting the answers received by Defendant Disotell and

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other members of the PSB investigative team (attached as Exhibit 17 and incorporated as

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if fully set forth herein).

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46.

At the investigative review process meeting, Defendant Disotell

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acknowledged that the discipline contemplated for Plaintiff Hernandez was based

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exclusively on PD policy, not on the Phoenix Administrative Regulation addressing social

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media use.

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47.

Defendant Disotell further stated that the disciplinary finding that Plaintiff

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Hernandez brought “discredit to the [Phoenix Police] department” used to justify the

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imposition of discipline was based upon the collective impact of the Plain View Project,

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and not exclusively on Plaintiff Hernandez’s Facebook posts.

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48.

Defendant Disotell and other PSB personnel present at the investigative

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review process meeting were not familiar with the implications or balancing tests related

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to free speech from public employees on matters of public concern.

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49.

Defendant Disotell and other PSB personnel present at the investigative

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review process meeting were unable to provide any examples of any situations in which

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Plaintiff Hernandez acted without “moral integrity” or failed to “work cooperatively,

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courteously, but firmly with all segments of the public” (quotations from the discipline

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investigation) other than the Facebook posts that were the focus of the investigation.
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50.

When asked if the conclusions contained in the PSB investigation were

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based on individual posts or a broader assessment of the Plain View Project, Defendant

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Disotell and other PSB representatives present stated that the Plain View Project cases

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were viewed as a collective and that the determination to discipline and the degree of

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discipline was based upon the collective impact of all of the posts from all of the impacted

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employees.

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51.

On October 2, 2019, Plaintiff Hernandez was notified that a Discipline

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Review Board would be convened to review the results of the PSB investigation and to

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make a discipline recommendation to Chief Williams. The Discipline Review Board is set

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to consider this matter on October 15, 2019
52.

The Discipline Review Board is led by an assistant chief, and is also

composed of commanders, peers (sergeants) and civilians.
53.

The Discipline Review Board reviews the written investigation, is briefed

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by PSB personnel and union representatives, and is allowed to ask questions of

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investigators and union representatives.

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54.

Without this Court’s intervention, members of the Discipline Review Board

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will be instructed that Plaintiff Hernandez’s posts are not protected and are the proper

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basis for discipline.

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55.

Because the vast majority of PPD Sergeants and Lieutenants are members of

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Plaintiff AZCOPS, this instruction, as part of an official disciplinary process, would have

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a further chilling effect on the ability of AZCOPS members to exercise their First

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Amendment rights to comment on matters of public concern (see, e.g. attached Exhibit 18,

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Declaration of Lt. Mark Schweikert – incorporated as if fully set forth herein).

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The City’s Administrative Regulation
56.

Defendant City of Phoenix instituted Administrative Regulation 2.38 –

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Social Media and Networking (AR 2.38) – on or about January 12, 2015. A copy of AR

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2.38 is attached as Exhibit 19 and incorporated as if fully set forth herein).

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57.

Unlike the PD policy, AR 2.38 specifically contemplates that “Nothing
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contained in this A.R. shall be construed as denying employees their civil or political

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liberties as guaranteed by the United States and Arizona Constitutions.”

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58.

Upon information and belief, Defendant City of Phoenix intended to revise

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the PD policy after the implementation of AR 2.38 to ensure it met both Federal and

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Arizona constitutional concerns, but this revision never took place.

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Damages to Plaintiffs
59.

Plaintiff Hernandez suffered and continues to suffer chilling effects on his

right to speak regarding matters of public concern.
60.

Plaintiff AZCOPS spent thousands of dollars in legal costs and fees to

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represent Plaintiff Hernandez in an improper internal affairs investigation that does not

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respect the Federal and Arizona constitutional rights of its members.

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61.

Plaintiffs fear that, without this Court’s intervention, Defendants will

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continue to inflict harm upon them by wrongfully disciplining Plaintiff Hernandez without

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respecting his constitutional rights to speak on matters of public concern.

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COUNT I

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42 U.S.C. §1983 – Violation of Federal Constitutional Rights

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62.

Plaintiffs reallege each and every allegation set forth in the paragraphs

above and incorporate each allegation by this reference.
63.

Plaintiff Hernandez has the constitutional right to be free from a deprivation

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of a protected interest (his right to speak on matters of public concern) without due

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process of law.

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64.

The PD policy at issue is unconstitutional on its face, as it is overbroad and

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has the purpose and effect of chilling otherwise protected speech by public employees on

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matters of public concern, with no consideration of the balancing test required before a

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public employer can restrict the speech of a public employee on matters of public concern.

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65.

The PD policy at issue is unconstitutional on its face, as it is impermissibly

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vague, and has the purpose and effect of chilling otherwise protected speech by public

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employees on matters of public concern. Employees reading the policy would have no
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discernable standard as to which posts would violate the policy – resulting in a chilling

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effect far greater than what is permissible under the United States Constitution.

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66.

The PD policy at issue is unconstitutional as applied, as Defendant’s

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analysis of Plaintiff Hernandez’s posts is arbitrary, with no discernable standard as to

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what posts will be permitted and what could relate in discipline. The arbitrary nature of

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Defendants’ enforcement of the PD policy creates an impermissible chilling effect on

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Plaintiff Hernandez’s participation in speech related to matters of public concern, and also

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chills the participation of members of Plaintiff AZCOPS.

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67.

Unless otherwise specified, Defendants were at all material times acting

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under the color of law and in their capacity as officials and agents of their respective

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government agencies.

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68.

Defendant Williams intentionally or recklessly allowed an investigation and

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proposed discipline action against Plaintiff Hernandez that deprived Plaintiff Hernandez

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of the ability to contribute to conversations related to matters of public concern.

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69.

Defendant Disotell intentionally or recklessly allowed an investigation and

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proposed discipline action against Plaintiff Hernandez that deprived Plaintiff Hernandez

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of the ability to contribute to conversations related to matters of public concern, and failed

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to consider or understand the First Amendment and Arizona Constitution Art. 2 §6 right to

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freedom of speech on matters of public concern.

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70.

The City of Phoenix intentionally or recklessly permitted an investigation

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against Plaintiff Hernandez without ensuring that Plaintiff Hernandez received proper

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protections related to his rights under the United States Constitution.

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71.

Plaintiffs Hernandez and AZCOPS will face further damages and chilling

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effects if Defendants are allowed to proceed with a Discipline Review Board and

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continued enforcement of the PD policy.

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72.

The lack of a meaningful consideration of the Federal constitutional

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concerns will cause actual damages to Plaintiffs in the form of time and money that will

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be expended to defend against a procedurally deficient process and investigative result.
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73.

Defendants wrongful conduct as referenced in this Complaint constitute

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violations of the United States Constitution including, but not limited to, Amendments I

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and XIV, in that Plaintiffs were deprived of privileges and immunities guaranteed to all

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citizens of the United States by being categorically deprived of their ability to participate

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in speech related to matters of pubic concern, without proper cause, with an

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unconstitutional motive and malice, without equal protection and without substantive and

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procedural due process.

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74.

Defendants’ wrongful conduct both actually and proximately caused

damage to Plaintiffs in the form of attorneys fees in an amount to be determined by the
Court.

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COUNT II

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Arizona Constitution Art. 2, §6 and A.R.S. §38-1101 et. seq.

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75.

Plaintiffs reallege each and every allegation set forth in the paragraphs

above and incorporate each allegation by this reference.
76.

Unless otherwise specified, Defendants Williams and Disotell were at all

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material times acting under the color of law and in their capacity as officials and agents of

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their respective government agencies.

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77.

Defendants Williams and Disotell initiated and took part in the internal

investigation against Plaintiff Hernandez.
78.

The internal investigation against Plaintiff Hernandez failed to consider his

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right to participate in speech related to matters of public concern, and contained no

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analysis of the protections contemplated in the Arizona Constitution – particularly Art. 2

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§6 – which states – “Every person may freely speak, write, and publish on all subjects,

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being responsible for the abuse of that right.”

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79.

The internal investigation against Plaintiff Hernandez seeks to sustain

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discipline against him based, in part, on speech by others contained in the Plain View

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Project database – and not exclusively based upon the content and effect of Plaintiff

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Hernandez’s own postings.
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80.

processes outlined in the Arizona Peace Officers’ Bill of Rights (A.R.S. §38-1101 et. seq).

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Plaintiff Hernandez is a nonprobationary sergeant, and is entitled to the

81.

Peace officers covered under the Peace Officers’ Bill of Rights may not be

subject to disciplinary action except for just cause (A.R.S. §38-1103(A).

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82.

Just cause means the employer informed the law enforcement officer of the

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possible disciplinary action resulting from the officers conduct…such that the officer

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should have reasonably known disciplinary action could occur (A.R.S. §38-1101(7)(a)).

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83.

The disciplinary actions proposed by Defendants against Plaintiff

Hernandez range from a 40-hour suspension to possible termination, and are not

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reasonably related to the seriousness of the alleged “offense” of speaking, in his private

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capacity, on matters of public concern.

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84.

Defendants’ wrongful conduct both actually and proximately caused

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damage to Plaintiffs in the form of attorneys fees in an amount to be determined by the

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Court.

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COUNT III

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42 U.S.C. §1983 and State Law – Unconstitutional and/or Unlawful Customs, Policies

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and Failure to Train

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85.

Plaintiffs reallege each and every allegation set forth in the paragraphs

above and incorporate each allegation by this reference.
86.

Unless otherwise specified, Defendants Williams and Disotell were at all

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material times acting under the color of law and in their capacity as officials and agents of

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their respective government agencies.

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87.

Defendants Phoenix and Williams failed to train Defendant Disotell in the

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appropriate, lawful and constitutional policies, procedures and protocols for investigating,

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processing, handling and managing internal investigations under his control.

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88.

Defendants Phoenix and Williams provided either no training or such

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inadequate training that the lack of training was the moving force behind Plaintiffs’

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injuries.
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89.

Defendants Phoenix and Williams’ failure to train Defendant Disotell

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amounted to a deliberate indifference to the rights of persons with whom Defendant

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Disotell came into contact with, including Plaintiff Hernandez.

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90.

Defendants’ wrongful conduct as referenced in this Complaint constitute

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violations of the United States Constitution and the Constitution and laws of the State of

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Arizona, including, but not limited to, Amendments I and XIV, and Arizona Art. 2 §6, in

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that Plaintiffs were deprived of privileges and immunities guaranteed to all citizens of the

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United States by being subjected to an unlawful investigation, with an unconstitutional

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motive and malice, without equal protection and without substantive and procedural due

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process.

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91.

Defendants’ wrongful conduct both actually and proximately caused

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damage to Plaintiffs in the form of attorneys fees in an amount to be determined by the

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Court.

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COUNT IV

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Negligence and Gross Negligence

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92.

Plaintiffs reallege each and every allegation set forth in the paragraphs

above and incorporate each allegation by this reference.
93.

Unless otherwise specified, Defendants Williams and Disotell were at all

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material times acting under the color of law and in their capacity as officials and agents of

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their respective government agencies.

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94.

Defendants owed a duty to Plaintiff Hernandez to use care to avoid or

prevent harm caused by improperly conducting an internal investigation.
95.

Defendants owed a duty to Plaintiff Hernandez to consider evidence tending

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to lessen the likelihood that just cause for discipline existed when conducting an internal

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investigation.

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96.

Defendants owed a duty to Plaintiff Hernandez to ensure that his rights to

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participate in speech in his capacity as a private citizen on matters of public concern were

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protected before recommending disciplinary action, including potential termination, be
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pursued.
97.

Defendants breached their duties by conducting an incompetent and illegal

investigation into Plaintiff Hernandez.
98.

Defendants breached their duties by continuing the illegal investigation after

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they were advised, in writing, that this investigation had a chilling effect on Plaintiff

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Hernandez’s rights to speak on matters of public concern.

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99.

Defendants breached their duties by recommending discipline based, even in

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part, on the speech of others (other officers listed in the Plain View Project) and/or on

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speech that is otherwise protected (i.e. reposting of articles and facts that are the subject of

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legitimate public concern).
100.

Plaintiffs in the form of attorneys fees in an amount to be determined by the Court.

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Defendants’ breach both actually and proximately caused damage to

PETITION FOR A TEMPORARY RESTRAINING ORDER
101.

Plaintiffs reallege each and every allegation set forth in the paragraphs

above and incorporate each allegation by this reference.
102.

Upon information and belief, Defendants intend to proceed with a

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Discipline Review Board based upon the allegations against Plaintiff Hernandez on or

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about Tuesday, October 15th, 2019. The Discipline Review Board members include peers

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of Plaintiff Hernandez who are members of Plaintiff AZCOPS, and recommending

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discipline based upon an unconstitutional and illegal process would cause irreparable

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harm to Plaintiffs.

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103.

The continued enforcement of the PD Policy related to social media has an

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immediate, continued, and therefore irreparable chilling effect on the rights of Plaintiff

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AZCOPS’ members, and therefore should be immediately enjoined.

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104.

Without an immediate relief, Plaintiffs would incur substantial hardship,

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including additional costs, the exposure of legal strategies, and a deficient appeal process

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that would materially harm their protected interests.

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105.

For these reasons, Plaintiffs respectfully request that the Court enjoin
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Defendants from taking any further adverse actions against Plaintiff Hernandez or any

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member of Plaintiff AZCOPS until the Court can address the procedural, substantive, and

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statutory concerns raised in this Complaint, and consider further interim relief after both

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parties have the opportunity to be heard.

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106.

Although legal service of this Complaint and Petition is pending,

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Defendants were provided with actual electronic copies of the Complaint and Petition via

7

email immediately after this document was filed with the Court.

8
9
10

107.

Plaintiffs’ counsel is available for an immediate hearing regarding

Plaintiffs’ request for a Temporary Restraining Order at any time after 2pm on Friday,
October 11, 2019.

11

PRAYER FOR RELIEF

12

Plaintiffs pray for judgment against the Defendants as follows:

13

(a)

14
15

amount to be determined by the Court;
(b)

16
17

(c)

(d)

(e)

For attorneys fees arising from Negligence in an amount to be determined
by the Court;

(f)

24
25

For attorneys fees arising from Unconstitutional Customs, Policies and
Failure to Train in an amount to be determined by the Court;

22
23

For attorneys fees arising from violations of state statutory rights in an
amount to be determined by the Court;

20
21

For attorneys fees arising from Substantive Due Process violations in an
amount to be determined by the Court;

18
19

For attorneys fees arising from Procedural Due Process violations in an

For attorneys fees arising from Negligent Hiring, Training and Supervision
in an amount to be determined by the Court;

(g)

General damages in an amount to be proven at trial, including but not

26

limited to damages to reputation, emotional distress, lost profits, deprivation

27

of constitutional rights, humiliation and attorneys’ fees;

28

(h)

Costs and attorneys’ fees as may be allowed by law and 42 U.S.C. §1988
15

 Case 2:19-cv-05365-MTL Document 1 Filed 10/10/19 Page 16 of 16

1

(i)

2
3

Interim and permanent injunctive relief to remedy past violations and to
prevent further violations of Plaintiffs’ rights; and

(j)

Such other and further relief which is just and reasonable.

4
5

NO JURY DEMAND

6
7

Plaintiffs request a trial by judge.

8
9
10

RESPECTFULLY SUBMITTED this 10th day of October, 2019.

11

STEVEN J SERBALIK, P.L.C.

12
13
14
15
16
17

By:

/s/Steven J. Serbalik
Steven J. Serbalik
4925 E. Desert Cove Ave #116
Scottsdale, Arizona 85254
Attorney for Plaintiffs Juan Hernandez and the
Arizona Conference of Police and Sheriffs, Inc.

18
19
20
21
22
23
24
25
26
27
28
16

 Oct 10, 2019+11+35 AM
Case 2:19-cv-05365-MTL Document 1-1 Filed 10/10/19 Page 1 of10/10/19,
2

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

Civil Cover Sheet
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September
1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information
contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is
authorized for use only in the District of Arizona.

The completed cover sheet must be printed directly to PDF and filed as an attachment to
the Complaint or Notice of Removal.
Plaintiff(s):

Juan Hernandez ; Arizona
Conference of Police and Sheriffs

County of Residence: Maricopa

Defendant(s):

City of Phoenix ; Jeri Williams ;
Shane Disotell

County of Residence: Maricopa

County Where Claim For Relief Arose: Maricopa
Plaintiff's Atty(s):

Defendant's Atty(s):

Steven J Serbalik
Steven J Serbalik PLC
4925 E Desert Cove Ave #116
Scottsdale, Arizona 85254
480-269-1529

II. Basis of Jurisdiction:

3. Federal Question (U.S. not a party)

III. Citizenship of Principal
Parties (Diversity Cases Only)
Plaintiff:- 1 Citizen of This State
Defendant:- 1 Citizen of This State
IV. Origin :

1. Original Proceeding

V. Nature of Suit:

440 Other Civil Rights

VI.Cause of Action:

42 USC 1983

VII. Requested in Complaint
Class Action: No
http://www.azd.uscourts.gov/cgi-bin/generate_civil_ js44.pl

Page 1 of 2

 Oct 10, 2019+11+35 AM
Case 2:19-cv-05365-MTL Document 1-1 Filed 10/10/19 Page 2 of10/10/19,
2

Dollar Demand:
Jury Demand: No
VIII. This case is not related to another case.
Signature: /s/ Steven J Serbalik
Date: 10/10/19
If any of this information is incorrect, please go back to the Civil Cover Sheet Input form using the Back button in your
browser and change it. Once correct, save this form as a PDF and include it as an attachment to your case opening documents.
Revised: 01/2014

http://www.azd.uscourts.gov/cgi-bin/generate_civil_ js44.pl

Page 2 of 2

 Case Document 1-2 Filed 10/10/19 Page 1 of 80

Exhibit 1

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 2 of 80

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Juan Johnny Hernandez shared a photo.
August 14 2012 ll'

Post Data
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Posted:

Aug l.J., 2012

Screenshor: May 12. 2018

Author Data
Hernandez, Juan

Media Research Center
August 14. 2012 _,

, , Like Page

Recent VIOLENCE ag31nst peaceful pro-life demonstraiOfS was BURIED by lhe news
media 1n favor of coverage for Tom Cruse & Kaue Holmes· divorce .
Somettong teUs us~ protestocs for LIBERAL causes were attacked. lhe media would have
been an over ~~

-> http /lbilly/Phsj9x
·uKE' and 'SHARE" rf you are OUTRAGED over lhe med!a·s refusal to TELL THE TRUTH'

~Share

11 Posts. 0 Comments

Uid:

B1uejrnan2

T ide:

Sergeanr

Salary:

$103,916.80

Srarus:

Currenr

 Case Document 1-2 Filed 10/10/19 Page 3 of 80

Exhibit 2

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 4 of 80

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Juan Johnny Hernandez shared a link.
September 12. 20U · 0o1

ISLAMISTS DRAG DEAD BODY OF US AMBASSADOR
IN THE STREETS! I The Gateway Pundit
You may use these HTML tags and annbutes: <a hret=·· title=·-> <abbr title=->

<acronym title=-> <b> <blockquote cite=-> <cite> <code> <del datelime=-> <em> <i>
<q cite=-> <strike> <strong>

Post Data
City:
Phoenix
Screenshot: May 12. 2018

Posted:
Media:

Sep 12, 2012
[Article]

THEGATEWAYPUNOIT.COM

p

Share

Author Data
Hernandez, Juan

11 Posts, 0 Comme n ts

Uid:

Bluejman2

T itle:

Sergeant

Salary:

$103.916.80

Status:

Current

 Case Document 1-2 Filed 10/10/19 Page 5 of 80

Exhibit 3

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 6 of 80
Operations Order

SOCIAL MEDIA USE POLICY
PHOENIX POLICE DEPARTMENT
1.

3.27
New 08/13

PAGE 1

POLICY STATEMENT
Social media provides a potentially valuable means of assisting the Department and its personnel in
meeting community outreach, problem-solving, investigations, crime prevention, and related
objectives. This policy identifies potential uses of social media that may be explored or expanded
upon as deemed reasonable by administrative and supervisory personnel. The Department also
recognizes the role these tools play in the personal lives of some Department personnel. The
personal use of social media can have bearing on departmental personnel in their official capacity.
As such, this policy provides information of a precautionary nature as well as prohibitions and
directives on the use of social media by Department personnel. Department personnel are also
expected to comply with the City’s rules and Administrative Regulations (AR) related to the use of
social media.

2.

PURPOSE
The Department endorses the secure use of social media to enhance communication, collaboration,
and information exchange; streamline processes; and foster productivity. This policy establishes the
Department’s position on the utility and management of social media and provides guidance on its
management, administration, and oversight. This policy is not meant to address one particular form
of social media but rather the use of social media in general.

3.

4.

SCOPE
A.

This policy applies to ALL employees of the Department. Exceptions are listed in following
sections of this order and are in relation to an employee’s official duties pertaining to social
media as a promotional or investigative tool, and are specifically addressed in this policy.

B.

This policy applies to all forms of interactive or non-interactive social media as listed in section 5
of this order, as well as future technologies of a similar nature. The policy is not intended to be
limited to popular social media outlets only but should be construed to cover all such sites and
technologies even those of an obscure nature.

C.

If employees are found to be in violation of this policy or the City’s ARs, they will be subject to
the appropriate disciplinary action, up to and including termination.

D.

The Department reserves the right to inspect, to the extent necessary, any and all files and data
stored in any area of the City’s network, on City owned or leased computers, on City phones, or
any other City devices. The Department also reserves the right to inspect any personally owned
devices used to conduct City business. Employees shall allow inspection of any such device by
the appropriate City authority upon request. The failure to allow inspections may be grounds for
disciplinary action, up to and including termination (refer to AR 1.63 for more information).

GENERAL INFORMATION
A.

Authorization for Department Related Social Media Usage
(1)

The Public Affairs Bureau (PAB) commander or authorized designee approves all social
media use which officially represents the Department, its subsidiaries (bureaus, precincts,
units, details, etc.), and Department personnel in their official capacity.

(2)

The Department will have one (1) Facebook page and one (1) Twitter account. Exceptions
to this policy must be approved by the City’s Public Information director prior to the creation
of any new social media pages. The request will be made to the PAB commander or
authorized designee through the chain of command.

(3)

Requests for social media access shall be submitted to the PAB commander or authorized
designee through the chain of command.

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 7 of 80
Operations Order

SOCIAL MEDIA USE POLICY
PHOENIX POLICE DEPARTMENT
4.

B.

PAGE 2

(1)

PAB personnel (to include the Media Relations Unit and Web Media Detail), as assigned
by the PAB commander or authorized designee, are the official social media designees.

(2)

Precinct/bureau commanders may designate personnel as social media representatives
for the precinct/bureau who may utilize those social media outlets previously approved by
the PAB commander or authorized designee.

(3)

Department personnel representing the Department via social media outlets shall do the
following:

•
•

•
•
•
•
•
•
(4)

Conduct themselves at all times as representatives of the Department and,
accordingly, shall adhere to all Department and City standards of conduct and
observe conventionally accepted protocols and proper decorum. They shall maintain
the professional and dignified demeanor expected of employees of the Department in
their posts, comments, shared files, videos, graphics, and/or photographs.
Identify themselves as a member of the Department. Posts and comments should
not be made as if they are from members of the community.
Not make statements about the guilt or innocence of any victim, witness, suspect, or
arrestee; not make comments concerning pending prosecutions; not post, transmit, or
otherwise disseminate confidential information, including photographs or videos; not
comment upon Department training, activities, or work-related assignments without
express written permission.
Not engage in any political activities or private business.
Not make critical or disparaging comments about the Department or Department
policies, activities, or personnel.
Not make any comments concerning any civil or criminal cases in which the
employee is or will reasonably be a witness.
Respect the copyrights, trademarks, service marks and intellectual property of others.
Comply with City ARs
Comply with Operations Order 2.15, Micro Computers.

Any Department authorized use of social media must be performed during normal working
hours unless authorized by the designee’s chain of command. Overtime is not approved
for social media usage outside of normal working hours unless prior approval has been
granted by the designee’s chain of command. Designees may not engage in official use of
social media on personal time, even when related to the Department; any such use is not
authorized for overtime.

Web postings containing proprietary images or materials belonging to the City or the
Department are prohibited except where authorized by official designees of the Department or
City. This includes but is not limited to the following:
•
•
•

D.

New 08/13

Official Social Media Designees

•

C.

3.27

The City trademark (City bird)
Department trademarks (PHXPD logo, badge, and shoulder patches) in graphic or
physical form
Web site banners or graphics from official City or Department web sites

The Department strategy for using social media should promote the Department and its
interests.
(1)

Each social media page shall include an introductory statement clearly specifying the
purpose and scope of the agency’s presence on the website.

(2)

If possible, the page/s shall link to the Department’s official web site.

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 8 of 80
Operations Order

SOCIAL MEDIA USE POLICY
PHOENIX POLICE DEPARTMENT
4.

5.

D.

3.27
New 08/13

PAGE 3

(3)

Department social media accounts shall refer to the City’s Official Social Media Terms of
Use.

(4)

Social media page/s shall be designed for the target audience/s such as youth, potential
police recruits, media, target communities, or the community as a whole.

(5)

Use of social media should not promote a single individual’s interests except where those
interests also serve the Department as a whole and only when the Department has
specifically authorized the promotion of that individual’s interests.

(6)

Department personnel authorized to use social media must manage the posts they make
on their pages as well as any comments made and/or deleted on their pages. Refer to the
City’s Records Retentions Schedule for detailed information regarding records
maintenance and handling.

(7)

When using any form of media or social media on duty, in an official capacity, or as a
representative of the Department, employees must adhere to all state laws governing the
release of information and records.

(8)

As public employees, Department personnel are cautioned that work-related speech (any
speech made pursuant to their official duties and owing its existence to the employee’s
professional duties and responsibilities) receives much less protection under the First
Amendment than purely personal speech and may form the basis for discipline if the
speech is deemed detrimental to the Department.

DEFINITIONS
A. Blog
B. Comment
C. Data Extraction

D. Follow

E. Off Duty
F. On Duty

G. Page
H. Post

I. Re-Tweet
J. Social Media

K. Social Networking

A self-published diary or commentary on a particular topic that may allow visitors
to post responses, reactions, or comments. The term is short for “Web log.”
A remark in text or video expressing an opinion or reaction to information
presented on a web page such as in response to a news article or other post
The process of finding and extracting useful data from various social media and
internet related sources. This is often used as an investigative tool as suspects
often post information about their crimes on social media web sites.
On the Twitter web site "following" someone means you will see their tweets
(Twitter updates) in your personal timeline. Twitter lets you see who you follow
and also who is following you. Followers are people who receive other people's
Twitter updates.
Any time an employee is not on duty as defined in 5.F below (also defined in
Operations Order 1.3)
Any time an employee is actively engaged in the performance of regularly
assigned duties, when in the performance of a special mission for the Department,
or when involved in any incident requiring the employee to act in the capacity of a
police officer (also defined in Operations Order 1.3)
The specific portion of a social media website where content is displayed and
managed by an individual or individuals with administrator rights
Content an individual shares on a social media site or the act of publishing content
on a site. Profile: Information that a user provides about himself or herself on a
social networking site.
To repost another user's message on the social networking website Twitter
A category of internet-based resources that integrate user-generated content and
user participation. This includes, but is not limited to, social networking sites
(Facebook, MySpace, Google+), microblogging sites (Twitter, Nixle), photo and
video sharing sites (Flickr, YouTube), wikis (Wikipedia), blogs, and news sites
(Digg, Reddit). Social Networks: Online platforms where users can create profiles,
share information, share files, share videos, share video clips, and socialize with
others using a range of technologies.
The development of social and professional contacts; the sharing of information
and services among people with a common interest

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 9 of 80
Operations Order

SOCIAL MEDIA USE POLICY
PHOENIX POLICE DEPARTMENT
5.

M. Tweet
N. Vlog
O. Web Page
P. Web Site

Q. Wiki

PAGE 4

Expression or communication of thoughts or opinions in spoken words, in writing,
by expressive conduct, symbolism, photographs, videotape, or related forms of
communication
A posted message on the social networking website Twitter
Similar to blog except it is presented as a video instead of text
See 5.G above
A site (location) on the world wide web (www). Each web site contains a home
page, which is the first document users see when they enter the site. The site
might also contain additional documents and files. Each site is owned and
managed by an individual, company or organization. This is a broadly used term
generically covering the various social media sites as well as news, information,
and other similarly organized locations on the world wide web.
Web page/s that can be edited collaboratively. Wikipedia is a well known example
but wiki can be dedicated to any topic.

PUBLIC AFFAIRS BUREAU USE
A.

Official social media designees who are authorized to use social media on behalf of the
Department must use Department-issued, City-issued, or authorized personal devices when
posting, commenting, or engaging in any type of social networking. The use of unauthorized
personal devices is strictly prohibited.

B.

Social media can be used for community outreach and engagement by:
•
•
•
•

C.

D.

Providing crime prevention tips (burglary prevention, Block Watch, drowning, drug
awareness, etc.)
Offering online-reporting opportunities
Sharing crime maps and data
Soliciting tips about unsolved crimes (Silent Witness)

Social media can be used to make time-sensitive notifications related to:
•
•
•
•
•

Road closures
Special events (community meetings, Coffee with a Cop, press conferences)
Weather emergencies (monsoon, dust, heat, etc.)
Missing or endangered persons
Police incidents that might affect the surrounding community

Any other Department related information of general interest to the community, such as:
•
•
•
•

7.

New 08/13

DEFINITIONS (Continued)
L. Speech

6.

3.27

Commander rotations
Changes to precincts (boundaries, additions, events)
Awards and commendations or other positive recognition received by the Department or
employees that reflects well on the organization as a whole
Line of duty incidents

OTHER AUTHORIZED USE
A.

Those units authorized by PAB to use social media for community outreach and engagement
are limited to the following use:
•
•
•

Special events (community meetings, Coffee with a Cop, G.A.I.N., etc.)
Non-criminal traffic related incidents (road closures due to non-criminal related accidents,
downed power lines, etc.)
Weather emergencies (monsoon, dust, heat etc.)

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 10 of 80
Operations Order

SOCIAL MEDIA USE POLICY
PHOENIX POLICE DEPARTMENT
8.

New 08/13

PAGE 5

INVESTIGATIVE USE
A.

Social media is a valuable investigative tool when seeking evidence or information about:
•
•
•
•
•
•

9.

3.27

Missing persons
Wanted persons
Gang participation
Graffiti
Crimes perpetrated online (cyber-bullying, cyber-stalking, fraud, etc.)
Photos or videos of a crime posted by a participant or observer.

B.

Social media use by investigators of a public nature must be approved by the PAB commander
or authorized designee. Social media use of an investigative or undercover nature must receive
prior approval through the precinct/bureau commander/administrator.

C.

Social media use not of a public nature (data extraction, undercover work) must comply with
Operations Order 2.15.10.B related to using the internet as an investigative tool. For example, if
an investigator wished to use the Department’s social media presence to request information
about a crime from the community, it requires approval from the PAB commander or authorized
designee. However, if an investigator wishes to use a social media site to obtain evidence of a
crime through investigative work, it does not.

D.

Employees are prohibited from using personal cell phones or any personally owned recording
device of any type, other than those pre-approved by the Department, to record, upload,
transfer, or share crime scene photographs or any other items of evidence obtained in the
course of their duties, except in furtherance of an authorized departmental criminal or internal
investigation.

E.

Employees are reminded any personal electronic devices used on duty and/or in an official
capacity may be subject to review, subpoena, discovery, public records requests, and/or
impound for possible evidentiary value.

PERSONAL USE
A.

B.

Department personnel are cautioned their speech and related activity on social media sites may
be considered a reflection upon their position, and, in some instances, this Department.
(1)

When using social media, Department personnel should be mindful their speech becomes
part of the worldwide electronic domain. Therefore, adherence to City and Department
policies is required in the personal use of social media. Employees are prohibited from
using social media in a manner that would cause embarrassment to or discredit the
Department in any way.

(2)

Employees are responsible for their social media postings if they are found to be in
violation of any City or Department policy.

(3)

Employees may not use social media to harass, discriminate, bully, retaliate, etc.

Personal social media activity must not interfere with work duties or the operation of the
Department.
(1)

Employees are prohibited from posting on any networking or internet site any photographs,
video, or audio recordings taken on Department property and/or in the performance of
official duties (including official Department training, activities, or work specific
assignments) that are detrimental to the mission and functions of the Department, that
undermine respect or public confidence in the Department, could cause embarrassment to
the Department or City, discredit the Department or City, or undermine the goals and
mission of the Department or City.

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 11 of 80
Operations Order

SOCIAL MEDIA USE POLICY
PHOENIX POLICE DEPARTMENT
9.

B.

C.

3.27
New 08/13

PAGE 6

(2)

Employees are prohibited from posting any information or commenting about ongoing
criminal investigations, administrative investigations, criminal cases, civil lawsuits, or police
incidents involving the City on any media site, website, or the internet without prior
approval from their commander/administrator.

(3)

Any employee using the City’s network for personal use does so at the employee’s own
risk. Use of the City’s network for personal purposes to the extent that such use
compromises security or impedes City business in any manner, including a decrease in
employee productivity, may subject the employee to disciplinary measures up to and
including termination.

(4)

Employees have no expectation of privacy for any personal communications or information
sent or received via the City’s network or City’s devices.

(5)

Employees who work in undercover operations shall not post any form of visual or
personal identification

(6)

Department personnel are free to express themselves as private citizens on social media
sites to the degree that their speech does not impair working relationships of this
Department, are detrimental to the mission and functions of the Department, that
undermine respect or public confidence in the Department, cause embarrassment to the
Department or City, discredit the Department or City, or undermine the goals and mission
of the Department or City.

(7)

Department personnel may not divulge information gained while in the performance of their
official duties; make any statements, speeches, appearances, and endorsements where
the employee is acting or appearing to act in an official capacity or as an official
representative of the Department or City; or publish materials that could reasonably be
considered to represent the views or positions of this Department without express
authorization.

For safety and security reasons, Department personnel are cautioned not to disclose their
employment with this Department. As such, Department personnel are cautioned not to:
•
•

Display Department logos, uniforms, or similar identifying items on personal web pages.
Post personal photographs or provide similar means of personal recognition that may
cause them to be identified as an employee of this Department.

D.

Department personnel should be aware privacy settings and social media sites are constantly in
flux, and they should never assume that personal information posted on such sites is protected.
Personnel are reminded even the strongest privacy settings cannot prevent an approved “friend”
or authorized recipient from independently choosing to forward or re-post the information
worldwide.

E.

Department personnel should expect any information created, transmitted, downloaded,
exchanged, or discussed in a public online forum may be accessed by the Department at any
time without prior notice.

10. RELATED POLICIES, STANDARDS, AND PROCEDURES
•
•
•
•
•
•
•

AR 1.61 – Records Management Program
AR 1.63 – Electronic Communications and Internet Acceptable Use
AR 1.90 – Information Privacy and Protection
AR 1.92 – City Presence on the Internet
AR 1.95 – Privacy Program
Information Technology Standard (s) 1.2.1 – Requesting Access to Blocked Web Sites
s1.10 – Collaborative Web Technologies Usage

 Case Document 1-2 Filed 10/10/19 Page 12 of 80

Exhibit 4

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 13 of 80

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Post Data
City:

Phoenix

Posted:

Sep 30,2013

Screensh ot: May 12. 2018

Author Data
Hernandez, Juan

Ban Sharla Law In Your Sl<lte-U.S.

,6 Like Paoe

11 Post s . 0 Co mments

Uid:

B1uejman2

T itle:

Sergeant

Salary:

$103.916.80

Status:

Current

 Case Document 1-2 Filed 10/10/19 Page 14 of 80

Exhibit 5

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 15 of 80

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Post Data
City:

Phoeni'\:

Posted:

Oct 8. 2013

Screenshot: May 12. 2018

Author Data
H ernandez, Juan

A devout Muslim entered a black cab in London. He curtly
asked the cabbie to turn off the radio because, as
decreed by his religious teaching, he must not listen to
music because, in the time of the prophet, there was no
music, especially Western music which is the music of the
infidel.
The cab driver politely switched off the radio, stopped the
cab and opened the door. The Arab Muslim asked him,
"What are you doing?" The cabbie answered, "I n the time
of the prophet , t here were no taxis, so piss-off and wait
for a camel!"

~. . .~ IS Will' . . . . . . .
OCtober 1, 2013 AmpllOe Muang Khon Kaen, Thailand

11 Posts, 0 Com ments

Uid:

Bluejman2

T itle:

Sergeant

Salary:

$103.916.80

Status:

Current

 Case Document 1-2 Filed 10/10/19 Page 16 of 80

Exhibit 6

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 17 of 80

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Juan Johnny Hernandez shared a pho!o.

Post Data
City:

Phoenix

Posted:

Dec 24,2013

Screenshot: May 12, 2018

Author Data
Hernandez, Juan

t'

ConservatlveGuy

Decembf!l 23. 2013

~

7th celllury retogoon bfeeds 7th century 'sctence' lol

{!) Share

Like Page

11 Posts, 0 Commen ts

Uid:

Bluejman2

Tide:

Sergeam

Salary:

$103,916.80

Status:

Current

 Case Document 1-2 Filed 10/10/19 Page 18 of 80

Exhibit 7

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 19 of 80

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Juan Johnny Hernandez shared a hnk.
January 2. 2014

~

Post Data
City:

Phoenix

Screenshot: May 12, 2018

Posted:

Jan L 22014

Media:

[Video]

Author Data
Hern an dez, Juan

Real Footage- Cop Shoots Thug in the Head
MIOWEST CITY, Ol<la.- Police on Oklahoma are speaking out about a hostage snuaoon
at a local WaJ-Man wttere a 2-year-<lld gu1 was held at kn~e-poont by a man, ..,ttl potice
shot aoo killed the su...
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Salary:

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Current

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Hern andez, Juan

Congress Throws Veterans Under The Bus For lllegal
Immigrants
I have a column up at Brellbart called, Congress Throws Veterans Under The Bus For
lllegallmmigants. Here's an excerpt from the column. In Washington, hIS often said...
RIGHTWINGNEWS COM

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Hernandez, Juan

TI1e End of the Christians in the Muslim World
By Dr. Guy BechOl (Translauon from Hebrew: Avlsoal Zonnenberg. Ank Kletn) The
numbers are truly staggenng: In Iraq of 2003, until the fall of Sadam Hussein, there
were 1.5 million Christians. bu...
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Military Pensions Cut, Muslim Mortgages
Paid By US!
The Obama Admlmsrrauon cut t.llhtary pensions but found
300 million to send to Muslim's ove.seas to help pay for
thetr mortgages

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Young Christian Girl Repeatedly Raped By 15 Muslims Then
Murdered [READ HERE)
Mr. ConservatiVe is Ule top website for news, polilical cartoons, breaking news.
republican e~on news. conservatrve facts and commentary oo potltJcal elecoons
MRCOIIISERVATIVE.COM

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Two Christians Beheaded in New Jersey By Muslim Man:
Media, Silent!
by Steve Foley While the nanonaJ med&a covers the Oscar PtstoriUs murder case wan to
wall. the gruesome murder and beheading or two CoptiC Christians by a Musifll has...
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 Case Document 1-2 Filed 10/10/19 Page 30 of 80

Exhibit 13

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This transcript was exported on Aug 19, 2019 - view latest version here.
Sgt. Robinaugh: 

All right, we all ready? 

Male: 

Mm-hmm (affirmative). 

Sgt. Robinaugh: 

All right, it's June 20, 2019 at, uh, 08:29 hours. We're at 17 S. Second Avenue, 
the PSB building. I'm Sergeant [Robinaugh 00:00:15]. I'm here with Sergeant 
Murphy. We're interviewing Sergeant Juan Hernandez and we're here with 
Bryan Thatcher. We'll start with the NOI, I'll read this to you. 

Sgt. Robinaugh: 

Uh, it is alleged you violated the Phoenix Police Department's social media 
policy, operations order 3.27.9.b.6, which states, "Department personnel are 
free to express themselves as private citizens on social media sites to the degree 
that their speech does not impair working relationships of this department, are 
detrimental to the mission and functions of the, the department, that 
undermine respect or public confidence in the department, cause 
embarrassment to the department or city, discredit the department or city, or 
undermine the goals and mission of the department or city." 

Sgt. Robinaugh: 

Okay, and this NOI has been previously, uh, initialed and signed by, uh, Sergeant 
Hernandez on June 5, 2019. Um, Garrity? 

Bryan Thatcher: 

Uh, yeah, it's understood that this interview is, uh, compelled as a condition of 
employment and therefore the protections of Garrity versus New Jersey would 
be applied. 

Sgt. Robinaugh: 

Very good. Okay. Uh, before we get into the, uh, post, we'll just go over general, 
uh, questions about your account and then, uh, we'll proceed from there. Um, 
so first question, uh, do you have a Facebook account? 

Juan Hernandez: 

Yes, I do. 

Sgt. Robinaugh: 

Okay. And do you post on your account? 

Juan Hernandez: 

Yes, I do. 

Sgt. Robinaugh: 

And what name is used when you post? 

Juan Hernandez: 

Juan Johnny Hernandez. 

Sgt. Robinaugh: 

Okay. And that's consistent with, uh, what's on the posts? 

Juan Hernandez: 

Correct. 

Sgt. Robinaugh: 

Okay. Uh, is your account set to private? 

Juan Hernandez: 

Um, it is now. I'm not sure it was before. 

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Sgt. Robinaugh: 

Okay. Uh, do you know when, approximately, you put it to a private status? 

Juan Hernandez: 

A week or two ago. 

Sgt. Robinaugh: 

Okay (laughs). 

Juan Hernandez: 

I, I went back and reviewed everything I thought was, uh, might have been 
public. I tried to change everything to private. 

Sgt. Robinaugh: 

Okay. 

Bryan Thatcher: 

And Facebook, I think, does up- sometimes update the privacy settings and 
that's why they encourage people to periodically check and reset and 
reconfigure. That's why it- it might have changed over time. 

Sgt. Robinaugh: 

Okay. 

Bryan Thatcher: 

It's a possibility. 

Sgt. Robinaugh: 

Uh, have you inputted or posted any pictures or texts identifying yourself as a 
police officer? 

Juan Hernandez: 

Uh, I believe I have. 

Sgt. Robinaugh: 

Okay, do you remember what that was, or ... 

Juan Hernandez: 

Just, um, I mean, I'm involved in a lot of community events and just pictures of, 
uh, with characters and stuff. 

Sgt. Robinaugh: 

Okay. Um, and so, this is, uh, like a wor- work-related event or ... 

Juan Hernandez: 

Yes. 

Sgt. Robinaugh: 

Okay. What, and where do you work right now? 

Juan Hernandez: 

Uh, comm- well, I worked in community relations and then I work in South 
Mountain as an SRO sergeant. 

Sgt. Robinaugh: 

Okay, so this is back during community relations? 

Juan Hernandez: 

Correct. 

Sgt. Robinaugh: 

Okay. And then, the posts, were they to promote the department or something 
like that? 

Juan Hernandez: 

Yeah, it was- 

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Sgt. Robinaugh: 

Okay. 

Juan Hernandez: 

... a positive thing. 

Sgt. Robinaugh: 

Okay. Okay, uh, we'll go into these. Uh, first one we're gonna speak about, uh, 
this is dated December 24, 2013. It's a meme, it's titled "Recent contributions to 
science by Islam" and it dep- depicts, uh, looks like, uh, figures within the Islamic 
community, uh, in quotes that they are saying, more or less. You had time to 
review this? 

Juan Hernandez: 

I did. 

Sgt. Robinaugh: 

Okay, and, uh, why did you post that? 

Juan Hernandez: 

Again, um, I- I can't really remember why I posted it. This was over six years ago. 
Um, it's been a long time. Um, when I post, I- I- I repost stuff, so articles I read I 
repost just to, just to generate public discussion. Um, I- I never offer an opinion. 
Uh, I've never commented on any of my posts. Um, and that's just, uh, trying to 
drive, um, the- our- the discussion about, uh, assimilation to other countries. I 
know that, uh, around this time, [5:00] there was a lot of ISIS activity in the 
Middle East and I know a lot of refugees were coming to Europe especially, but I 
know the United States was taking a lot of them and, uh, it was just to drive 
discussion about assimilation. 

Sgt. Robinaugh: 

Okay, um, what race, or I'm sorry ... Uh, religion is being depicted in those 
posts? 

Juan Hernandez: 

Um, it appears to be Muslim. Islam is, specifically. 

Sgt. Robinaugh: 

Okay, uh, and does the post hinder or help with relationships within the Islamic 
community? 

Juan Hernandez: 

I don't know if it helps or hinders. Again, it drives discussion. Um, and again, 
when I post stuff, it's for people to decide on their own. I never offer my 
opinion, I never have. 

Sgt. Robinaugh: 

Okay. 

Bryan Thatcher: 

Can I ask a couple followup questions [crosstalk 00:06:11]? 

Sgt. Robinaugh: 

Oh, yeah, you bet. 

Bryan Thatcher: 

Um, so, you referred to the, uh, the time period that this post occurred that 
there was a, um, I guess you could say a conflict in the Middle East revolving 
around ISIS? 

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Juan Hernandez: 

Correct. 

Bryan Thatcher: 

And what is the I in ISIS stand for, do you know? 

Juan Hernandez: 

Islamic. 

Bryan Thatcher: 

So, there's concern that the people involved in the conflict were Islamic and 
then the refugees that were coming out- 

Juan Hernandez: 

Were, yeah, Islamic, uh, refugees coming into the European and [crosstalk 
00:06:46] 

Bryan Thatcher: 

And your concern was that they weren't assimilating in the cultures that were 
adopting them in Europe and elsewhere, is that? 

Juan Hernandez: 

I mean, that's, yeah, my- my thoughts on that. 

Bryan Thatcher: 

Do you have any personal experience with assimilation as an immigrant or for 
immigrants? 

Juan Hernandez: 

Well, my- my grandparents assimilated, you know, uh, to this country from 
Mexico. Obviously, they came in, um, my grandparents thought that education 
was important and they, um, everything that we have, I think is now American 
culture. I mean, we just assimilated to it and- and- and moved on. I think that's 
what, uh, I was trying to drive that discussion towards it. It would be nice if 
everybody assimilated to our culture. We have a great culture and a great 
country. 

Sgt. Robinaugh: 

Okay. Anything else? 

Bryan Thatcher: 

Um, so at the time, there was concern that people were fleeing the conflict in 
the Middle East going to Europe and also to the United States, so you were just 
commenting on that ongoing migratory pattern and what consequences that 
might have for government, society, so on? 

Juan Hernandez: 

Correct, yes. That was my- my thoughts. 

Bryan Thatcher: 

You view that as a matter of public concern? 

Juan Hernandez: 

I do. 

Bryan Thatcher: 

Okay. That's all I got. 

Sgt. Robinaugh: 

Okay. All right, second one. This is dated September 30, 2013. Uh, it's a meme. 
On the bottom it says "Mohammad" in big letters, uh, and there's a note. It 

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says, "The most common name for a convicted gang rapist in England is," and 
then it states, "Mohammad." All right, why did you post this one? 
Juan Hernandez: 

Again, um, to get the public discussion going. There was, uh, a time at this time, 
again, ISIS was big, refugees were coming into the European Union. Uh, we, 
there was discussion about No Go Zones, where only Muslims could go. Um, 
they were talking about crime waves, terrorism was- was big. Um, my only point 
was that, uh, again, if these people assimilate, they need to, that's what they 
need to do and, uh, accept our culture, I think, and that was the- the issue back 
then in my- my opinion. And, uh, people needed to see that and I thought they 
needed to discuss that. 

Sgt. Robinaugh: 

Okay. Um, again, the religion being referred to? 

Juan Hernandez: 

Um, it- it refers to a name. Um, and I hear it's as a Muslim. 

Sgt. Robinaugh: 

Okay. And, uh, does this post hinder or help with relationships in the Islamic 
community? 

Juan Hernandez: 

Well, again, it drives discussion. I don't know that it hur- you know, the, goes 
either way, and that's my only point or thought was to, uh, to drive that 
discussion. Again, I don't, I don't comment, and I let people form their own 
opinions. 

Sgt. Robinaugh: 

Okay. 

Bryan Thatcher: 

So, then, [00:10:00] um, your concern, again, at the time was that there was an 
influx of refugees or migration from the Middle East to European countries, um, 
and then, I think you said ... I might have been, I might be mistaken ... that you 
were c- there was concern that there might be an influx of- 

Juan Hernandez: 

Yeah. 

Bryan Thatcher: 

... criminals or [crosstalk 00:10:17]? 

Juan Hernandez: 

Criminals is- is the big part of this. Um, I know that ISIS, uh, there was talk of ISIS 
infiltrating refugee groups, uh, and there was talk of bringing those refugee 
groups to the United States. And I think my concern, or what I wanted to get out 
there, was that people need to be aware that if we start bringing in lots of 
refugees that this is gonna, this may be a problem that we run into. 

Bryan Thatcher: 

And this post is specific to England and you mentioned at the time that London 
had what were called No Go Zones? 

Juan Hernandez: 

Correct. 

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Bryan Thatcher: 

Because of ... 

Juan Hernandez: 

Just, um, again, people that refused to assimilate and wanted to keep their 
culture that they brought from their country and impose it on other people in 
other countries. 

Bryan Thatcher: 

And were there public safety concerns associated with that? 

Juan Hernandez: 

Absolutely. Absolutely. There was reports of violence in those areas, uh, for 
non-Muslims. 

Bryan Thatcher: 

Okay, and you view that as a matter of public concern? 

Juan Hernandez: 

I do. 

Bryan Thatcher: 

Okay. We're good. 

Sgt. Robinaugh: 

Okay. All right, next one. Uh, January 9, 2014, uh, looks like there once was a 
picture there not posted here. Uh, states, "Military pensions cut, Muslim 
mortgages paid by US." And why did you post that? 

Juan Hernandez: 

Again, this is to drive the discussion in the United States. Um, our military at this 
time, again, was involved in- in the conflict in the Middle East. Uh, ISIS was big 
and, um, I just have a respect for our- our military. I think, um, they don't get 
nearly enough the recognition, they don't get, uh, paid enough, and I think that, 
uh, cutting their military pensions was, uh, a slap in the face to them. I've never 
served in the military. I have family members that have served in the military, 
the serve in the military currently, and, uh, I just wanted to drive the discussion 
about the military pensions and we need to protect them and their pensions. 

Sgt. Robinaugh: 

Okay. Um, do you think that depicts any certain religion? 

Juan Hernandez: 

Again, Muslim is the, um, the one that's out in the, in the headline of it, uh, on 
there. 

Sgt. Robinaugh: 

Okay. And, uh, does this post hurt or hinder relationships within Islamic 
community? 

Juan Hernandez: 

Again, I d- I don't know that, uh, it does or not ... You know, this one, I- I'm going 
to say that probably it [inaudible 00:12:45] does. Um, um, looking back, I 
probably, that's probably one that I would consider not posting. I'm not posting 
anything anymore. I mean, if their objective was to silence us, they did it. I'm 
not posting anything anymore. 

Sgt. Robinaugh: 

Okay, why- why would you say that? 

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Juan Hernandez: 

Um, we just, uh ... You know, you're picking one group over another one and we 
just need to treat everyone fairly, looking back. 

Sgt. Robinaugh: 

Okay. 

Bryan Thatcher: 

There's a saying in politics that politics is the, uh, utilization of a finite amount of 
resources to solve an infinite amount of problems. So, do you view this as 
commentary on where limited resources should be spent? 

Juan Hernandez: 

Definitely. I, yeah, again, uh, when we talk about limited resources, I think, um, 
our military deserves most of, you know, everything we can give them and 
more. Um, they're definitely, um, always, in my opinion, get the short end, and 
especially veterans. Um, we have, uh ... I read articles all the time about all the 
homeless veterans and I think we need to do more for them. 

Bryan Thatcher: 

Okay, so you view the care and support of US military veterans as a matter of 
public concern? 

Juan Hernandez: 

I do. 

Bryan Thatcher: 

Okay. 

Juan Hernandez: 

Very much so. 

Sgt. Robinaugh: 

Okay. And our last one, dated October 8, 2013. It's a picture of a, looks like a 
English taxi. Um, the narrative depicts a conversation between the taxi driver 
and his, uh, Muslim passenger. Um, you had time to review that one? 

Juan Hernandez: 

I did. 

Sgt. Robinaugh: 

Okay, and um, why did you post that? 

Juan Hernandez: 

Again, this one is from six years ago. Um, um, the only thoughts I had is about 
assimilation. I think this one just, um, their refusal to accept, uh, Western 
culture and this was in England, um, Great Britain, um, and just to drive the- 
[00:15:00] the discussion about, uh, assimilation again. Having been, um, you 
know, a grandson of, uh, of migrants, we came to the country and assimilated, 
um, and we keep doing that, education and so forth, and, uh, accepting the 
culture here is what we need to, or that I was trying to drive to, anyway. 

Sgt. Robinaugh: 

Okay, and does this depict a certain religion? 

Juan Hernandez: 

Um, it mentions a- a devout Muslim is on the first line. 

Sgt. Robinaugh: 

Okay. And does this hurt or, um, help build relations with the Muslim 
community? 

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Juan Hernandez: 

Again, I- I can't offer that opinion. Um, it drives discussion and it- it would help 
them if, uh, if it got the word out that they, you know, if the discussion was 
assimilation- 

Sgt. Robinaugh: 

Mm-hmm (affirmative). 

Juan Hernandez: 

... uh, into it. 

Sgt. Robinaugh: 

Okay. Um, before we get to the pride statement and, uh, [crosstalk 00:16:02] 

Speaker 4: 

Yeah, I just got a couple questions. On a lot of these, um, just is it fair to say that 
a lot of them it's political? Your political stance? 

Juan Hernandez: 

Yes. 

Speaker 4: 

Um, and these are a conservative guy, that's a, that's a news ... It's a ... These 
are news articles. 

Juan Hernandez: 

Correct. 

Speaker 4: 

So, have you looked in to see ... I mean, this, to me, seems like fact. Is ... This is a 
news article that said that, that, um, the most common name for a convicted 
gang rapist in England is Mohammad. Do you know, have you vetted that to see 
if that was true? 

Juan Hernandez: 

I did not. 

Speaker 4: 

But that was an article that you just reposted? 

Juan Hernandez: 

Right. 

Speaker 4: 

Okay. And the last one here, this was obviously a title of an article. That's the 
title of the ar- that's not anything you posted? 

Juan Hernandez: 

Correct. 

Speaker 4: 

You just- 

Juan Hernandez: 

Those are all ar- ar- all articles. I don't, and I don't write anything on them. I 
don't offer my opinion. People, again, people need to decide for themselves. 

Speaker 4: 

And just for the record, did you ever, on the posts that we talked about, um, 
identify yourself as a City of Phoenix employee or a Phoenix police officer? 

Juan Hernandez: 

Um, not that I know of, no. 

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Speaker 4: 

Okay. And then, um, I don't do Facebook, but on the profile page, do you have, 
like, occu- ... Does it say occupation, Phoenix Police officer or City of Phoenix 
employee? 

Juan Hernandez: 

My page says City of Phoenix. 

Speaker 4: 

Just "City of Phoenix"? 

Juan Hernandez: 

For employer. 

Speaker 4: 

Okay. And just to confirm that if you did post a photo of you in uniform, it was 
more at a, like a community engagement meeting? 

Juan Hernandez: 

Correct. 

Speaker 4: 

And it was public relations positive for the department. 

Juan Hernandez: 

Correct. [crosstalk 00:17:45] A lot of characters like, uh, like, uh, Baxter from the 
Diamondbacks, uh, a couple of um, uh, stormtroopers, um, um, I took one with 
princesses, the Cardinals bird, those kind of- of pictures. 

Speaker 4: 

Are you familiar with the logo, like the- the world symbol? I've learned a lot over 
Facebook over the last couple of weeks as far as what's private, what's public? 

Juan Hernandez: 

No, I- I don't- 

Speaker 4: 

Like the two indivi- the two- two people is private and the world is public. Did 
you know anything about that as far as how to- 

Juan Hernandez: 

I did not know that. That's something new to me. 

Bryan Thatcher: 

I didn't know, either. 

Speaker 4: 

Yeah, yeah, how to set your privase- privacy settings? Okay. So, you did not 
intend for this to be public? 

Juan Hernandez: 

No. It's for my family and my group. 

Speaker 4: 

Have you ever received a complaint from a Islamic, Muslim person saying you've 
failed to provide the proper service? 

Juan Hernandez: 

Never. Never. 

Speaker 4: 

I don't have anything else. 

Sgt. Robinaugh: 

Okay, and you've been SRO sergeant for how long? 

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Juan Hernandez: 

(laughs) I don't want to go on the rec- I think it's been, like, eight years. 

Sgt. Robinaugh: 

Well, approximate. Okay. 

Juan Hernandez: 

Yeah, I think it's about that, about eight years. I haven't ... I've been in the 
program a long time. 

Sgt. Robinaugh: 

Okay. Your, uh, these, you said, y- you uploaded images as you as an officer in 
reference to community events. How long ago was that did you say? 

Juan Hernandez: 

I- I don't recall. I- I haven't posted any in- in a while. 

Sgt. Robinaugh: 

It's been a long time? 

Juan Hernandez: 

Yeah. 

Sgt. Robinaugh: 

Okay. All right, um, and all of these are 2013 or just barely 2014? Okay. So, 
these were some time a while ago. 

Juan Hernandez: 

Yes. 

Sgt. Robinaugh: 

Um, this, uh, Plain View Project just came out recently. Our research is showing 
like what they gathered, uh, data in, like, 2018-ish area. Um, you have no posts 
from 2018 all the way to 2014 that they submitted or at least that we're looking 
at. Have you posted anything like this recently? 

Juan Hernandez: 

No, [00:20:00] I have not. 

Sgt. Robinaugh: 

Okay. All right, um, all right, so, pride statement. You had time to- 

Juan Hernandez: 

I did. 

Sgt. Robinaugh: 

... review this? Okay. Um, these posts, all four of them, um, uh, according to the 
pride statement, do they, do they support our pride statement? 

Juan Hernandez: 

I think the pride statement guides how we work and I support the pride 
statement 100%. Um, in my job, when I'm work, I treat everybody the same, 
equally, I've never had complaints about how I treat people. Uh, I respect 
everybody's, um, everybody as a person, uh, their religion, their preferences, 
um, that's how I view the pride statement. And yeah, I support it 100%. Do 
these, um, articles support that? Again, that's a matter of, uh, someone's 
opinion. Um, I just put that stuff out there for discussion. 

Sgt. Robinaugh: 

Okay, anything else? Okay, anything else, gentlemen? 

Bryan Thatcher: 

I think we're good. 

Hernandez PSB (Completed 08/17/19)
Transcript by Rev.com

Page 10 of 11

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 41 of 80
This transcript was exported on Aug 19, 2019 - view latest version here.
Sgt. Robinaugh: 

Okay. All right. End of recording. 

 

Hernandez PSB (Completed 08/17/19)
Transcript by Rev.com

Page 11 of 11

 Case Document 1-2 Filed 10/10/19 Page 42 of 80

Exhibit 14

10/9/19, Oct 9, 2019+5+33 PM
Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 43 of 80

Mohammed retakes top spot in English baby names – CNN Belief Blog - CNN.com Blogs

Mohammed retakes top spot in
English baby names

By Richard Allen Greene, CNN
Mohammed reclaimed its place as the most popular name for baby boys born
in England and Wales in 2011 - convincingly ahead of Harry, in second place,
according to data released by the government this week.
The government declared that Harry was the most popular boy's name, but if
you add up the five most popular different spellings of Mohammed, that name
comes top.
Mohammed is also the most popular boy's name of the past five years for
England and Wales, ahead of Oliver and Jack. It came first or second every
year since 2007, the only name to do so.
http://religion.blogs.cnn.com/2012/08/14/mohammed-retakes-top-spot-in-english-baby-names/

Page 1 of 3

 10/9/19, Oct 9, 2019+5+33 PM
Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 44 of 80

Mohammed retakes top spot in English baby names – CNN Belief Blog - CNN.com Blogs

And it could become even more popular in 2012, given the adulation around
long-distance runner Mo Farah, who won two gold medals for Britain at the
Olympics.
The popularity of the name comes as Britain's Muslim population is expected
to double in the next 20 years.
The country, which was about 2% Muslim in 1990, grew to 4.6% Muslim in
2010, with nearly 2.9 million followers of the faith, according to analysis by the
Pew Forum on Religion & Public Life.
By 2030, the United Kingdom will be just over 8% Muslim, with more than 5.5
million adherents, the Washington-based think tank projected in a 2011 report,
"The Future of the Global Muslim Population."
Mohammed first became the most popular boy's name in England in 2009,
then was knocked back into second place the next year as Oliver enjoyed a
huge surge in popularity.
Harry, the name of Prince William's younger brother and J.K. Rowling's boy
wizard, leaped into second place in 2011, with 7,523 boys given the moniker,
topping the 7,007 Olivers.
But the name of the Muslim prophet was given to 7,907 baby boys, according
to CNN analysis of Office of National Statistics data. Mohammed, Muhammad
and Mohammad were all among the top 100 most popular names, with
Muhammed and Mohamed also coming in the top 200.
A total of 37,564 babies have been given a variation of the name in the past
five years. Some 36,653 Olivers and 36,581 Jacks were born in England and
Wales since 2007. The British government keeps separate statistics for
Scotland and for Northern Ireland, the other two nations that make up the
http://religion.blogs.cnn.com/2012/08/14/mohammed-retakes-top-spot-in-english-baby-names/

Page 2 of 3

 10/9/19, Oct 9, 2019+5+33 PM
Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 45 of 80

Mohammed retakes top spot in English baby names – CNN Belief Blog - CNN.com Blogs

United Kingdom.
The 2011 British census had an optional question about religion. Results are
expected in November.
At least four different spellings of the name Mohammed are among the 1,000
most popular American boys' names in 2011, according to the Social Security
Administration.
Mohamed is the top, in 428th place, with Muhammad in 480th, Mohammed in
562nd and Mohammad in 609th.
The United States is about 0.8% Muslim, with about 2.6 million adherents, the
Pew Forum calculates.

http://religion.blogs.cnn.com/2012/08/14/mohammed-retakes-top-spot-in-english-baby-names/

Page 3 of 3

 Case Document 1-2 Filed 10/10/19 Page 46 of 80

Exhibit 15

ISLAMABAD: Until now, police have relied heavily on DNA tests to
Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 47 of 80
determine cases of rape. The Council of Islamic Ideology (CII), however, has
declared that DNA tests are not admissible as the main evidence in rape
cases.
In a meeting of the council on Wednesday, religious scholars observed
that while the tool could aid investigation into rape complaints, it could
not be taken as evidence. It could, at best, serve as supplementary
evidence but could not supersede the Islamic laws laid out for
determining rape complaints.

 I https:// trib une.com.pk/story/5 56392/rape -cases-dna-tests- not-admissible-as-main-evidence-cii-front -page/

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 48 of 80
EXPRESS NEWS

THE EXPRESS TRIBUNE

URDU E-PAPER

Tuesday, 01 Oct 2019

HOME
SINDH

PAKISTAN
PUNJAB

BUS INESS

BALOCHISTAN

TECH

MULTIMEDIA

KHYBER PAKHTUNKHWA

W ORLD

Today's Paper

OPINION

JAMMU & KASHMIR

ENGLISH

Advertise

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SPOR

GILGIT BALTISTAN

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THE EXPRESS TRIBUNE

PAKI STAN

Rape cases: DNA tests not admissible as
main evidence says CII
By Umer Nangiana Published: May 30, 2013

W

TWEET

G

EMAIL

 Driving
a car
damages women's
ovaries1-2andFiled
means
they Page
have 49
children
Case
2:19-cv-05365-MTL
Document
10/10/19
of 80
with "clinical problems", according to one of the most senior conservative
clerics in Saudi Arabia.
Sheikh Saleh al-Lohaidan, who made the comments al1ead of a protest
calling for women to be allowed to drive in the country, is one of the 21
members of the Saudi Senior Council of Scholars.
He is jointly responsible for advising the government of King Abdullal1,
has a large and loyal following among other influential conservatives, and
is capable of issuing fatwas, or religious edicts.

 f-

~

NEWS

0

VOICES

~

0

SPORT

https://www.independent.co.uk/news/world/middle-east/driving-a-car-damages-womens-ovaries-and-leads-to-children-with-clinical-problems-according-to-a-8849218.html

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 50 of 80

CULTURE

INDY/ LIFE

INDYBEST

VIDEO

DAILY EDITION

COUPONS

News> World > Middle East

Driving a car 'damages women's
ovaries and leads to children with
clinical problems', according to a
senior Saudi cleric
As debate over the ban on women drivers in Saudi Arabia intensifies, one of the country's most inftuential
conservative religious leaders weighs in citing 'physiological medical studies'
Adam Withnall l @adamwit hnalll Monday 30 September 2013 17:44 I

© OOe

·

 news.bbc.co.uk/2/hi/middle_east/8631775.stm

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 51 of 80

Page last updat ed at 11:06 GMT, Tuesday, 20 April 2010 12:06 UK

News Front Page

i:l E-mail this t o a friend

Iranian cleric blames quakes on promiscuous women

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I

Women who wear revealing
clothing an d behave
promiscuously are to blame for
earthquakes, an Iranian cleric
says.
Hojjat ol-eslam Kazem Sediqi, t he
acting Friday prayer leader in
Tehran, said women should stick
to strict codes of modesty to
protect t hemselves.

SEE ALSO
• Quake experts urge Tehran move
14 Mar OS I Middle East
• Quake inj ures 35 in western Iran
07 Mar 07 1 Middle East
• Iranian earthquake 'kills 20,000'
27 Dec 03 1 Middle East
• In pictures: Iran earthquake
22 Feb OS 1 I n Pictures
More than 2S,OOO people died in t he
Bam quake

"Many women who do not dress
modestly lead young men ast ray and spread adultery in society which
increases earthquakes," he explained .
Tens of thousands of people have died in I ran earthq uakes in the last
decade.
Mr Sediqi was delivering a televised sermon at the Tehran Universit y
campus mosque last Friday on the need for a "general repe ntance" by
I ran ians when he warned of a "prevalence of degeneracy".
"What can we do to avoid being buried under the rubble? There is no
other solution but to take refuge in re ligion and t o adapt our lives t o
Islam's mora l codes," he said.

• How earthquakes happen
01 Jun 09 I Science & Environment
RELATED INTERNET LINKS
• New Scientist 's earthquake homepage
• US Geological Earthquake Cent er
The BBC is not responsible for the content of external
internet sites

TOP MIDDLE EAST STORI ES
• Iranian scient ist 'heading home'

 The eart
is flat. Whoever Document
claims it 1-2
is round
is an atheist
deserving
Caseh2:19-cv-05365-MTL
Filed 10/10/19
Page 52
of 80
of punishment.
That is a well-known religious edict, or fatwa, issued two years ago
by Sheik Abdel-Aziz Ibn Baaz, the supreme religious authority of
Saudi Arabia. The blind theologian's status gives his fatwas great
weight, though his opinions have often raised eyebrows or

 https:// www.nytimes.com/1995/02/12/world/muslim-ed icts-take-on-new-force.ht m I

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 53 of 80

<!tbc Nc\u Dork <!times

Muslim Edicts Take on New Force
By Youssef M. Ibrahim
Feb. 12, 1995

[J

f

See the article in its original context from
February 12, 1995, Section 1, Page 14

Buy Reprints

New York Times subscribers* enjoy full access to
TimesMachine- view over 150 years of New
York Times journalism, as it originally appeared.

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Cooking-only subscribers.

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 Case Document 1-2 Filed 10/10/19 Page 54 of 80

Exhibit 16

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 55 of 80

Hernandez IRP Notes:
•

•

Ct n

The Plain View Project identified eleven social media postings that it attributed to
Sergeant Hernandez.
o Two posts preceded the Phoenix Police Department's Social Media Use
Policy e.g. Operations Orders 3.27 and would be precluded from the
imposition of discipline due to the concept of ex post facto regulations.
The Professional Standards Bureau (PSB) investigators did not ask
questions regarding these posts.
o In addition, there were five other posts that were not included in the PSB
investigation.
o PSB investigators ultimately questioned Sergeant Hernandez related to
four of the eleven posts identified by the Plain View Project and those
posts became the basis for the sustained allegation against him.
Who was involved in creating the criteria for ~his in~estiga~onja~ t_? ~h~h p~sts ~
subjected an employee to discipline? f'f}GU 11;; .... ll "'o; o,
'r-r~Af:/1 , A!::.0.fc,
r....};(;At_ _
~vf.!t. r~0hy ' ·
C' (

•

What were the criteria used to make that determination?
&vr:.R .,~/If< ·s /\.1 ,J>J .s.-1 CP.I""\i -,v~'n#J"t

•

Was this case also evaluated in the context of Administrative Regulation 2.38Social Media & Networking, which contemplates constitutionally protected
speech? ~, V'-1~ <;"0-(.c t c .._. ( 3,'":1.'7 "

•

How were those criteria applied to each individual post in this case?

•

Were the initial posts flagged by investigators reassessed in the aftermath of
Sergeant Hernandez's interview to determine the degree to which they related to
matters of public concern? :!> r " s-I..(Rc 'i'-r+os[_ f> ,s c..ts!: . ~ / I.S 'tv.::>~:: /'~.-a l-tt.
C 1 fit (,...f;,~'L vffl ~ f /1 v& 1.-..V~ i /\ /) 1 r;, C"' ~~ 13 .1\S
•

How was the decision as to where to classify Sergeant Hernandez's posts on the
discipline scale made? S vP!:.Ao./1 0 J"ts HtJJ 'ft.> '11 ~ ~~ t.~
CO,/'I'.'"fAI
Orr... "fW; fe:J;.'IS

•

Was the "discredit to the department" used to justify the imposition of discipline in
this case based upon the collective impact of the dozens of employees and
hundreds of posts identified by the Plain View Project or an individual
assessment of Sergeant Hernandez and the four posts that were selected for
investigation by PSB? fr.J'll-l.

 Case Document 1-2 Filed 10/10/19 Page 56 of 80

Exhibit 17

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 57 of 80

This memorandum was drafted by Lieutenant Thatcher contemporaneous to the IRP
Conference related to Internal Investigation #19-0070 involving Sergeant Hernandez
which was conducted at the Phoenix Police Department’s Professional Standards Bureau
(PSB) on 9/4/19 at 1300 hours.
Attendees:
Commander Disotell (PSB)
Commander Diponzio (SMP)
Lieutenant Pagone (PSB)
Sergeant Robidoux (PSB)
Lieutenant Leuschner (PPSLA)
Lieutenant Thatcher (PPSLA)
Sergeant Hernandez (SMP)
The meeting began with Lt Thatcher reading through a list of questions which is included in the
case file for reference.
When PSB investigators were asked to elaborate on who created the criteria used to evaluate
various social media posts related to the Plain View Project (PVP), the response from Lt
Pagone was “everybody.” He then continued that “a lot of different people” were involved in
evaluating the content. He confirmed that City Legal was one of the entities consulted but did
not elaborate further on their involvement.
When PSB investigators were asked to elaborate on the criteria used to evaluate the individual
posts, Lt Pagone responded, “Everyone’s mindset came together.” He indicated that there was
consensus about which posts would be investigated and which would be cast aside but did not
give any indication of what objective criteria were used to support that determination.
When asked if investigators based their analysis on Operations Orders 3.27 or if they also
considered Administrative Regulation 2.38, Cmdr Disotel indicated, “We stuck to 3.27.”
Given that there were no articulated objective criteria for evaluating the posts, investigators did
not respond to the question regarding how the criteria had been applied to individual posts.
When asked if the posts flagged by investigators during their initial assessment were reviewed
following the interview with Sergeant Hernandez, Lt Pagone responded, “I’m sure those
discussions took place.” He indicated that City Legal would have been involved in those
discussions.
When asked to explain how individual posts were classified on the discipline scale, the original
response from Lt Pagone was that “supervisors are held to a higher standard” and that is why
their posts were Class III violations. Cmdr Disotell then added that not all supervisors were

1

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 58 of 80

classified as Class III and pointed out that Sgt Stefani Gombar’s post was classified as a Class
II violation. He added that the classification was primarily based upon the content of the posts.
When asked if the “discredit to the department” used to justify the imposition of discipline was
based upon the collective impact of the Plain View Project or the content of each individual post,
the answer was that the emphasis was the collective impact of all the posts from all the
implicated employees.
We then reviewed the draft investigation focussing on the comments made by PPSLA.
PSB acknowledged that none of the cited news articles referenced Sgt Hernandez specifically
but several of them linked to the PVP website which would have enabled readers to view his
social media posts.
Investigators seemed unfamiliar with the concept of free speech from public employees related
to matters of public concern.
PSB investigators were unable to provide an example of a situation in which Sergeant
Hernandez acted without “moral integrity” or failed to “work cooperatively, courteously, but firmly
with all segments of the public” other than the social media posts that were the focus of this
investigation.
When asked if the conclusions were based on individual posts or a broader assessment, PSB
investigators reiterated multiple times that the Plain View Project cases were viewed as a
collective and that the determination to discipline and the degree of discipline was based upon
the collective impact of all the posts from all the impacted employees.

2

 Case Document 1-2 Filed 10/10/19 Page 59 of 80

Exhibit 18

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 60 of 80

DECLARATION OF MARK SCHWEIKERT

Mark Schweikert, pursuant to 28 USC § 1746, and under penally of perjury,
declares and says:
1. 1 have not been convicted of u fel o ny in any jurisdiction.
2. I am over 18 yenrs of age.
3. I am employed us a Phoenix Police Lieutenant.
4. I was actively involved, in my private capacity, in posting to Facebook.
5. I am familiar with Operations Order 3.27 - the Phoenix Police
Department's Social Media Policy.
6. I also am familiar with the "Plain View Project" and the subsequent internal
investigation that the Phoenix Police Department launched after the Plain
View Project database went public.
7. Prior to the Plain View Project Lntemal Investigation, I believed that I could
exercise my legal right to speak, in my private capacity, on social media
related to matters of public concern without the fear of disciplinary action.
8. I learned that the Phoenix Police Department is now disciplining some
members of the Department under Operations Order 3.27 - and is
considering sanctions ranging from suspension up to potential termjnation.
9. After reading the social media policy, I am not able to discern what posts
the Department would consider a violation of its social media policy.
10. The Department's decision to attempt to discipline officers and supervisors
for participating in conversations related to matters of public concern bas
made me reluctant to post information related to politics and certain news
stories.
11. I have refrained from exercising my constitutional rights to speak on social
media related to politics and certain news stories because I believe that the
Department would attempt to discipline me for this type of speech.
The information contained in this declaration is based upon my own personal
knowledge. I declare under penalty of perjury under the laws of the United States
of America that the foregoing is true and correct.
Executed on:

~~
-

/K&!/'2-,-

Mark Schweikert

 Case Document 1-2 Filed 10/10/19 Page 61 of 80

Exhibit 19

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 62 of 80

City of Phoenix
A.R. NUMBER

ADMINISTRATIVE REGULATION
r.s~u=s~JE=c=T----------------------------------------------~

2.38 NEW
FUNCTION
Human Resources and Payroll

1m8

~E=F=FE=c=T~IV=E~DA~T=E--------~

SOCIAL MEDIA AND NETWORKING

I.

January 12, 2015
REVIEW DATE

PURPOSE
To address the fast-changing landscape of the Internet and the way people communicate and
obtain information online, the City of Phoenix uses social media tools to reach a broader
audience. Communicating with our diverse audiences is important to the City, and we recognize
the value of using social networking to enhance the way we engage with our customers, build
new relationships, and initiate conversations about City services. The City encourages the use
of social media to further the goals of the City and the missions of its departments, where
appropriate.
·
Social media sites allow anybody to post anything, and anything posted on the Internet can stay
online forever. The City has an overriding interest and expectation in deciding what is
communicated on behalf of the City on social media sites. This policy establishes procedures for
the use of social media, guidelines for referencing the City on social media platforms, and
addresses social media in general.
Nothing contained in this A.R. shall be construed as denying employees their civil or political
liberties as guaranteed by the United States and Arizona Constitutions.
Nothing contained in this A.R. shall be construed as interfering with the rights of employees and
employee organizations under the City's Meet and Confer Ordinance.
In addition, nothing contained in this A.R. shall be construed as interfering with the rights of
employees and employee associations under the City's Meet and Discuss Ordinance.

II.

APPLICABILITY
This A.R. provides information to all employees. Additional direction is provided to employees
who are authorized to speak on behalf of the City of Phoenix; however, all employees should be
aware of the City's guidelines regarding use of social media for official City business
Some departments, such as City Clerk, Fire, Law, Municipal Court, and Police, may have
policies with additional provisions and requirements. Employees should check with their
management with questions or concerns about their policies.

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 63 of 80

A.R. 2.38 NEW
Human Resources and Payroll
Page 2 of 8

Ill.

DEFINITIONS
App - An application that can be downloaded for use on a desktop or mobile device.
City - Refers to the City of Phoenix.
City Business -All work performed that has a direct relation to the City's operation and
activities. City business also includes authorized activities of labor unions and labor associations
in coordination with management.
City Spokespersons- City employees who are authorized by the City Manager's Office to
speak on the City's behalf. Includes City department and function heads and their designees.
Comment - A response that is provided as an answer or reaction to a post or a message on
social media sites.
Personal Site- A profile created on a social media platform by an individual for personal use
and to share personal communication with friends and acquaintances. Personal sites do not
include social media sites of labor unions, labor associations, or groups and organizations of
City employees.
Platform -The software or technology that helps users to build, integrate or facilitate
community, interactive and user-generated content. For example, a blog or a wiki is a social
media tool, but the technology used to create and host them, such as Facebook or Twitter, is
considered the platform.
Post- Content a person shares on a social media site or the act of publishing content on a site.
Professional Networking - A type of social media service that is focused solely on interactions
and relationships of a business and professional nature rather than including personal, nonbusiness interactions. Professional networking sites allow users to make connections through
which they can find jobs, and also allow other users and possible employers to view profiles and
share recommendations. Additionally, these sites allow professionals from different fields of
interest to ask questions and share opinions and knowledge. Linked In is an example of a
professional networking site.
Profile- Information provided about a person or an entity on a social media site. A person's
social media profile is generally created by that individual.
Public Record -A record made or maintained by a City employee in the performance of that
employee's job, to memorialize official transactions, or as required by law.
Repost- Content an individual shares on a social media site that is created or generated by
someone else or the act of publishing content on a site that is created or generated by someone
else.
Social Media- Refers to the interaction among people in which they create, share, and/or
exchange information and ideas in virtual communities and networks. Social media is the

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 64 of 80 A.R.

2.38 NEW
Human Resources and Payroll
Page 3 of 8

collective of online communication channels dedicated to community-based input, interaction,
content-sharing and collaboration. Websites and applications dedicated to forums, blogging,
social networking, professional networking, and wikis are among the different types of social
media. Social media includes social networking and professional networking sites.

Social Networking -The practice of expanding social contacts by making connections through
individuals. A social networking service is a platform to build social networks or social
relations among people who may share interests, activities, backgrounds or real-life
connections. A social networking service consists of a representation of each user (often a
profile), social links, and a variety of additional services. Social networking allows individuals to
create a profile, create a list of users with whom to share connections, view and cross the
connections within the system, and share information, photos, links, and items of interest.
Examples include Facebook, Google+, lnstagram, Pinterest, Tumblr, Twitter and YouTube.

IV.

ROLES AND RESPONSIBILITIES
1.

Employees are responsible for understanding and complying with this A.R.

2.

Department Directors and Function Heads are responsible for authorizing official City
spokespersons for their departments and for notifying the Public Information Director about
these employee assignments.

3.

Department Directors and Function Heads are responsible for ensuring their employees
comply with this A.R.

4.

The City Clerk Department is responsible for the City's Records Management Program,
including retention requirements related to social media.

5.

The Human Resources Department is responsible for providing guidance regarding
appropriate employee behavior on social media.

6. - The Public Information Office is responsible for providing guidance on how social media is
used to represent the City.

V.

POLICY STATEMENTS- All Employees
1.

Personal Social Media Presence. Employees may express themselves as private citizens
on social media sites. An employee's use of any social media site must comply with
copyright laws, data security and privacy regulations, criminal laws, and any other applicable
federal, state, and local law.

2.

Privacy and Social Media. Social media and Internet use should not be considered
anonymous. Employees should .be aware that privacy settings for social media sites are
constantly in flux, and they should not assume that personal information posted on such
sites is protected. Published social media content may be explored, transmitted, stored, and
archived by external entities. Even the strongest privacy settings cannot prevent an
approved friend or authorized recipient from independently choosing to forward or repost the
information. There is no such thing as a "private" social media site.

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 65 of 80 A.R.

2.38 NEW
Human Resources and Payroll
Page 4 of 8

For example, while personal social media privacy settings may be adjusted so only friends
or authorized individuals can view content, those same individuals can forward comments,
posts, and pictures to anyone, or they could take screenshots of what is posted. As a result,
what i~posted on a personal social media site may be forwarded to co-workers and
supervisors, which could negatively impact the work environment or have consequences in
the workplace. Personal social media postings that relate to co-workers, other City
employees, supervisors, or management, or activities that occur at work, can be considered
as part of human resource or equal opportunity investigations and Notices of Inquiry.
Keep the "headline test" in mind when posting content or pictures to social media sites.
Use your best judgment - if it is not something you would feel comfortable seeing in the
media, or being seen by co-workers, other City employees, supervisors, or management, do
not post it.
3.

Speaking on Behalf of the City. Only those employees specifically authorized by City
management may speak on behalf of the City. Employees must not mislead the public to
believe the employee is an official City spokesperson if they are not authorized to function in
this capacity.

4.

Identification of City Employment in Social Media. Employees who participate in social
networking and professional networking sites may decide to include information about their
work with the City of Phoenix as part of their personal profile, as it would relate to a typical
social conversation. This may include:
a. work information included in a personal profile, to include City name, job title, and job
duties;
b. status updates regarding an employee's own job promotion or other professional or
work-related advancements, achievements, and honors; and
c. personal participation in City-sponsored events, including volunteer activities.

5.

Perception. With social media, the lines between public and private, personal and
professional can be blurred. Employees identifying themselves as working for the City
should be mindful that they may be creating perceptions about themselves and about the
City by customers, business partners, and the general public, and perceptions about
themselves by co-workers, other City employees, supervisors, and management.
Employees must not represent or speak on behalf of the City on their personal social media
sites when they are not authorized to do so. Employees must not give the appearance that
they are speaking on behalf of the City or posting comments as an official City
representative on personal social media sites, when they are not authorized to speak on
behalf of the City. This perception may be avoided by choosing to not post work-related
information, featuring themselves while wearing a City uniform or displaying the City logo,
public safety patches, badges, or City vehicles on a personal site - especially in profile
images. These actions could cause people to believe employees are posting as authorized
City spokespersons, official City representatives, or on behalf of the City of Phoenix.
Permitted and prohibited uses of City of Phoenix logos and symbols is set forth set forth in
A.R. 1.87, entitled "Use of the City of Phoenix Corporate Symbol."

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 66 of 80A.R.

2.38 NEW
Human Resources and Payroll
Page 5 of 8

6.

City Business, City Time, and City Resources. Employees must be engaged in City
business while at work or while on City time. Accessing and posting to a personal social
media site while at work or while on City time is not appropriate.
Employees should not use their City of Phoenix e-mail addresses for communication on
their personal social networking sites.

7.

Reposting. Employees may repast official City information and posts on their personal
social media sites on their own time and using their own devices. Employees may choose
to share and repast City news, events, and information from the City's website, pages, and
social media sites or choose to become a fan of the various City and Department Facebook
pages, Twitter accounts, and other social media sites. Employees also may visit the City's
"Current City News" page for a comprehensive list of daily news headlines and social media
sites. Linking directly to the City's website is the most effective way to share complete
information.

8.

Confidential or Proprietary Information. Social media postings that contain proprietary
images or materials belonging to the City are prohibited except where authorized by official
designees of the City. This includes, but is not limited to, Personal Identifying Information of
individuals, Restricted City Information, and information about City business development,
partnership negotiations and projects, investigations, or procurements. Examples and
definitions of Personal Identifying Information and Restricted City Information are set forth in
A.R. 1.90, entitled "Information Privacy and Protection."
Employees may not disclose information on any social media network that is confidential to
the City or its employees or that is protected by data privacy laws.
Employees may not post any nonpublic images of City premises and property, including
floor plans.

9.

Decorum and Electioneering. City employees must be mindful of policies and procedures
regarding City elected officials or candidates running in a City Election.
City employees may not engage in political activities involving City of Phoenix municipal
elections, including recall elections, for Mayor and City Council except as set forth as
"Permitted Activities" in A.R. 2.16.
Permitted Activities for City elections include: registering and voting in any City election;
privately expressing an opinion on candidates for Mayor and City Council; and being
politically active in connection with a charter amendment, bond issue, referendum, or issue
of similar character. These activities are permitted for an individual on his or her own time,
but are not permitted while on duty, on any City property, or when the individual is in a
uniform normally identified with the City of Phoenix.
City employees may not participate in any way whatsoever in campaign activities for
candidates for the Mayor and City Council. Examples of Permitted Activities and Prohibited

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Human Resources and Payroll
Page 6 of 8

Activities for City Elections, as well as National, State, and County Elections are set forth in
A.R. 2.16, entitled "Political Activity- Time Off to Vote."

VI.

POLICY STATEMENTS- City Spokespersons
In addition to the policies that apply to all employees, City spokespersons must also abide by the
following standards:
1.

Privacy Expectations and Records Management. In accordance with Arizona's Public
Records Law, the public may request information made or received by City employees in
the performance of their jobs. Therefore, employees must consider all information,
including social media postings, open to public view. Additionally, employees must comply
with all records retention policies when posting to social networking forums and sites.

2.

Social Media Account Management. Employees authorized to speak on the City's behalf
must follow City standards when creating and managing City and department social media
accounts.

3.

Preserving the Public Trust. Posts made on social networking sites on the City's behalf
directly reflect the City. Employees authorized to speak on the City's behalf must:
a.
b.
c.
d.
e.

f.
g.
h.

i.

not use their official roles to disparage the City organization, City elected officials, or
fellow employees;
not endorse or disparage any commercial products, services, entities or political
candidates;
· promptly correct and acknowledge errors made in any posts;
not delete any posts unless they clearly violate the City's Social Media Terms of Use;
document unique, non-duplicative posts per the City's Records Management Program
overseen by the City Clerk Department. Posting information on social media that is
already part of another public record does not require documentation. However, any
substantive response to any posting should be documented;
ensure information is approved by the appropriate supervisor or manager prior to
posting;
use appropriate grammar and style when posting;
not conduct personal business on City and/or department social media sites or through
City and/or department social media accounts; and
only post on electronic media that reflects the City's high standard of ethical behavior.

4. Respecting Intellectual Property. Employees authorized to speak on the City's behalf
must comply with all laws and City policies related to intellectual property. This includes all
copyright and trademark laws regarding use of the City bird logo, for posting electronic
media to City social media sites, and for providing attributions for third party content.
5. Guarding Against Privacy and Security Breaches. Employees authorized to speak on
the City's behalf should exercise caution when downloading or using apps on City social
media sites. These apps may contain malicious software, collect excessive information
about employees, or ask for more permissions than are needed to run. Be wary, regularly

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 68 of 80 A.R.

2.38 NEW
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Page 7 of 8

check app permissions, only download apps from legitimate app sources, and only use
apps that benefit the City.
6. Learning and Following Terms of Use. Employees authorized to speak on the City's
behalf are responsible for learning and following corporate policies, such as "terms of use,"
on social media platforms to ensure an official City account is set up properly within the
platform's environment.
7. Using City Social Media Only During Working Hours. Hourly employees authorized to
use social media on behalf of the City must do so during normal working hours unless
otherwise authorized by their supervisor. Overtime is not approved for social media usage
outside of normal working hours unless prior approval has been granted by the supervisor.

VII.

PUBLIC RECORDS REQUESTS AND RECORDS RETENTION
City departments and functions are responsible for handling public records requests for the
comments posted on their social media sites. Additionally, departments and functions are
responsible for working with their Law, Human Resources, City Clerk, and Public Information
Office representatives, as needed, before making the records available to the public.
If a new public record is created, its content must be maintained per its specific retention
schedule. Input received on a policy or service must be saved and kept per its retention
schedule. Refer to the City's Records Retention Schedule for detailed information regarding
records maintenance and handling.

VIII. COMPLIANCE
Violation of this A.R. may result in disciplinary action, up to and including termination of
employment.

IX.

RELATED POLICIES, STANDARDS AND PROCEDURES
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.

I.

A.R. 1.60- Public Records Request Processing
A.R. 1.61 -Records Management Program
A.R. 1.63 - Electronic Communications and Internet Acceptable Use
A.R. 1.87- Use of the City of Phoenix Corporate Symbol
A.R. 1.90- Information Privacy and Protection
A.R. 1.92- City Presence on the Internet
A.R. 1.95- Privacy Program
A.R. 2.16- Political Activity- Time Off to Vote
A.R. 2.35(a)- Sexual Harassment
A.R. 2.35(b)- Protected Category Harassment
Citywide IT Standard - s1.1 0 Collaborative Technologies
Citywide IT Standard Operating Procedure - s1.2.1 Access to Blocked Sites

 Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 69 of 80 A.R. 2.38 NEW
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Page 8 of 8

m. Employee Manual
n. Ethics Handbook
o. Department Social Media Policies

X.

QUESTIONS
Questions regarding this Administrative Regulation (A.R.) and appropriate employee
behavior on social media may be directed to the Human Resources Department at 602262-6608.
Questions regarding City social media sites and how social media is used to represent the
City may be directed to the Public Information Office at 602-262-7177 or
socialmedia.pio@phoenix.gov.

By: ED ZUERCHER, City Manager

 Case Document 1-2 Filed 10/10/19 Page 70 of 80

Exhibit 20

Case 2:19-cv-05365-MTL Document 1-2 Filed 10/10/19 Page 71 of 80

To:

Jeri L. Williams
Police Chief

Date:

From:

Shane A. Disotell, Commander
Professional Standards Bureau

Subject:

INTERNAL INVESTIGATION – PSB19-0070

October 9, 2019

Internal Investigators:

Lieutenant Eric Pagone (Investigative Review)
Sergeant Jason Robidoux (Primary Investigator)
Sergeant Todd Murphy (Secondary Investigator)

Allegation #1:

It is alleged, between September 30, 2013, and January 9,
2014, Sergeant Juan Hernandez violated Social Media Use
policy when he posted inappropriate content on his personal
Facebook account.

Findings:

Sustained

Employee/s Involved:

Sergeant Juan Hernandez #4551
South Mountain Precinct

Complainant:

Department Initiated
(Plain View Project)

Attachments:

See Attachments Section

SUMMARY OF INVESTIGATION:
Between September 30, 2013, and January 9, 2014, Sergeant Juan Hernandez violated the
Department’s Social Media Use policy when he posted inappropriate content on his personal
Facebook account. The Facebook posts contained religiously insensitive innuendos related to
Muslims and the Islamic religion. The posts were discovered by the Plain View Project (PVP)
and released to the public and various media outlets on June 1, 2019. Sergeant Hernandez’
Facebook posts caused major reputation damage to the Phoenix Police Department, exposed
himself and the Phoenix Police Department to public mistrust, and violated basic Department
values.

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Police Chief Jeri L. Williams
INTERNAL INVESTIGATION REPORT PSB19-0070
Page 2 of 10

FINAL

DETAILS OF INVESTIGATION:
On June 1, 2019, the PVP released a collection of Facebook posts to the public and various
media outlets. These Facebook posts were compiled from, what was believed to be, verified
Facebook profiles of Phoenix Police Officers as well as officers from seven additional
jurisdictions. According to the PVP website, the posts were comprised of excerpts from officers’
public Facebook activity. All posts collected by the PVP were considered to possibly undermine
public trust and confidence in police. The PVP website states, “The posts and comments are
open to various interpretations. We do not know what a poster meant when he or she typed
them; we only know that when we saw them, they concerned us.”1
On June 1, 2019, the PVP published information on their searchable website which resulted in a
wide array of negative local and national media coverage involving the Phoenix Police
Department. The exposure from the officers’ Facebook posts by the PVP were subsequently
used by the media in local headlines that damaged the reputation of the Phoenix Police
Department (see Attachments Section).2 Some of the headlines read as follows:
•

June 3, 2019, “Phoenix officers exposed for racist, violent Facebook posts,”
https:/www.abc15.com3

•

June 3, 2019, “Phoenix Cops Bash Muslims, Immigrants, and Black People Online…,”
Https://www.phoenixnewtimes.com4

•

June 4, 2019, “Phoenix Police investigating ‘embarrassing and disturbing’ posts…,”
https://www.12news.com5

•

June 5, 2019, “Plain View Project brings police under fire for ‘shameful’ web posts,”
https://www.azcentral.com6

On June 3, 2019, the Professional Standards Bureau (PSB) initiated an internal investigation
concerning the Phoenix Police Officers listed on the PVP website. PSB investigators reviewed
the PVP database via www.plainviewproject.org. During the review it was discovered Facebook
posts by user “Juan Johnny Hernandez” were recorded on the website.7 The Plain View Project
listed Sergeant Juan Hernandez as the author of the posts that were considered a matter of
public concern.
Sergeant Hernandez’ name along with eleven (11) of his personal Facebook posts were
recorded on the website.8 All of Sergeant Hernandez’ posts were reviewed, and he was
questioned on four (4) of them.9 It was determined these posts which contained religiously
insensitive innuendos referencing Muslims and Islam were potentially inappropriate and/or
unprofessional.

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INTERNAL INVESTIGATION REPORT PSB19-0070
Page 3 of 10

FINAL

PSB Interview with Sergeant Juan Hernandez #4551:
Sergeant Hernandez was interviewed by PSB investigators on June 20, 2019. Sergeant
Hernandez told investigators he did have a Facebook account with the user name “Juan Johnny
Hernandez” when he made the posts between the dates of September 30, 2013, and January 9,
2014. Sergeant Hernandez said when he made the posts his Facebook account was not set to
private. Sergeant Hernandez said he set his account to private approximately two weeks prior
to the PSB interview. Sergeant Hernandez also said he posted pictures of himself in uniform
with various characters like the Baxter mascot and Star Wars storm troopers. Sergeant
Hernandez said the pictures were taken over the years when he worked in the community as a
School Resource Sergeant. He said he posted the pictures as he thought they were positive for
the department.
Sergeant Hernandez was asked about the Facebook post, identified as Facebook post #1.

Sergeant Hernandez said his post was to get public discussion going. He said, during that time,
ISIS was big and there were refugees coming into the European Union. Sergeant Hernandez
referenced “no go” zones and crime waves due to terrorists being among the refugees.
Sergeant Hernandez said his point was to encourage discussion about assimilation. PSB
investigators asked Sergeant Hernandez what religion the post referred to. Sergeant
Hernandez said it was Muslim. Sergeant Hernandez was asked if the post hindered or helped
with relationships in the Islamic community. Sergeant Hernandez stated, “Again, it drives
discussion. I don’t know that it hurts…it goes either way, and that’s my only point or thought,
was to drive discussion. I don’t comment, I let people form their own opinions.”10

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INTERNAL INVESTIGATION REPORT PSB19-0070
Page 4 of 10

FINAL

Sergeant Hernandez was asked about the Facebook post, identified as Facebook post #2.

Sergeant Hernandez said the post was about assimilation. Sergeant Hernandez said he was
the grandson of migrants and that his family also assimilated. Sergeant Hernandez said the
post referenced Muslims. He said he thought the post could help with building relationships
within the Islamic community if it drove discussion.

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INTERNAL INVESTIGATION REPORT PSB19-0070
Page 5 of 10

FINAL

Sergeant Hernandez was asked about the Facebook post, identified as Facebook post #3.

Sergeant Hernandez said he could not remember why he made the post because he posted it
six years prior. Sergeant Hernandez stated, “Articles I read I repost just to generate public
discussion. I never offer an opinion. I’ve never commented on any of my posts. It’s just trying
to drive the discussion about assimilation into other countries. I know that around this time
there was a lot of ISIS activity in the Middle East and I know a lot of refugees were coming to
Europe especially, but I know the United States was taking a lot of them. It was just to drive
discussion about assimilation.”11 Sergeant Hernandez said he was concerned Islamic refugees
weren’t assimilating into society. Sergeant Hernandez spoke of his grandparents who were
Mexican immigrants and how they assimilated to American culture.

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INTERNAL INVESTIGATION REPORT PSB19-0070
Page 6 of 10

FINAL

Sergeant Hernandez was asked about the Facebook post, identified as Facebook post #4.

Sergeant Hernandez said the post was to drive the discussion about the military’s involvement
in the Middle East. Sergeant Hernandez said he respected the military and cutting their
pensions was a slap to them. Sergeant Hernandez was asked if the post hurt or hindered
relationships within the Islamic community. Sergeant Hernandez stated, “Looking back, that’s
probably the one I would consider not posting…We just need to treat everyone fairly, looking
back.” 12 Sergeant Hernandez stated military veterans deserve more support than they get.
Sergeant Hernandez described his posts as articles. Sergeant Hernandez said he never
commented and did not intend for the posts to be public.
Sergeant Hernandez was asked if his posts supported the Phoenix Police Department’s
Purpose Statement and Guiding Values. Sergeant Hernandez stated, “I think the Pride
Statement guides how we work. I support the pride statement 100% in my job. When I’m at
work I treat everybody the same; equally. I have never had complaints about how I treat
people. I respect everybody as a person, their religion, their preferences. That’s how I view the
pride statement and, yeah, I support it 100%. Do these articles support that? Again, that’s a
matter of someone’s opinion. I just put that stuff out there for discussion.”13
The job description for the classification of Police Sergeant (job code 62220)14 has numerous
distinguishing features of the class, essential functions, and required knowledge. The
“fundamental” reason the classification exists is to supervise and participate in the activities of
sworn and civilian personnel without rank. Performance is evaluated by, “results obtained,” as
well as observation and oral and written reports. Essential functions include, but are not limited
to, serving as a witness in court, investigating alleged misconduct, participate in community

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Police Chief Jeri L. Williams
INTERNAL INVESTIGATION REPORT PSB19-0070
Page 7 of 10

FINAL

activities and make verbal presentations to groups and demonstrate “superior” integrity.
Sergeants are expected to have knowledge of, “General social problems and cultural diversity of
citizenry,” in addition to modern police methods, practices and procedures. Two of the primary
abilities listed in the classification of Police Sergeant are to, “Maintain moral integrity,” and,
“Work cooperatively, courteously, but firmly with all segments of the public.”
At the time of this Facebook post, Sergeant Hernandez was assigned to a specialty position in
the Community Resources Bureau as a School Resource Sergeant; who is responsible for
supervising several School Resource Officers in various schools in their assigned work areas.
Sergeants in these positions are required to maintain close working relationships with not only
the officers under their direct supervision, but also to develop and maintain internal and external
partnerships with the various educational institutions, as well as members of the community, to
include students, parents, and caregivers. These goals and expectations were outlined in the
Performance Management Guide (PMG) for Sergeant Hernandez as a School Resource
Sergeant (SRS). This same PMG also requires Sergeant Hernandez to “lead by example,
holding yourself” accountable while demonstrating forward focus.

CONCLUSION:
In August 2013, the Phoenix Police Department’s Social Media Use policy became effective. As
described in Operations Order 3.27.9.A.(1)(2), “When using social media, Department
personnel should be mindful their speech becomes part of the worldwide electronic domain.
Therefore, adherence to City and Department policies is required in the personal use of social
media. Employees are prohibited from using social media in a manner that would cause
embarrassment to or discredit the Department in any way. Employees are responsible for their
social media postings if they are found to be in violation of any City or Department policy.”
Between September 30, 2013, and January 9, 2014, Sergeant Juan Hernandez shared four (4)
posts on his personal Facebook account which contained negative racial and religious context
directed at the Islamic religion and Muslims, which are inconsistent with the Department’s
Purpose Statement and Guiding Value to respect and honor the inherent dignity of all people.
In the days following the release of the PVP on June 1, 2019, and the subsequent New Times
article a short time later, media outlets and members of the community interpreted the officers’
posts as “racist, violent, embarrassing, disturbing and/or shameful.”15 The stories pertaining to

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INTERNAL INVESTIGATION REPORT PSB19-0070
Page 8 of 10

FINAL

the Facebook posts by members of the Phoenix Police Department were widely circulated
within Phoenix, as well as throughout the country. This overwhelming media coverage resulted
in major reputation damage to the Phoenix Police Department.16 Sergeant Hernandez’
Facebook posts contained insensitive language and could potentially spread fear and hatred
towards people of Middle Eastern descent, as well as those practicing the Muslim faith. In
addition, Sergeant Hernandez’ Facebook posts potentially reduced or contributed to the erosion
of public trust, were inflammatory to certain groups, and/or created dissention in the community
by promoting hate, violence, racism, bias, or beliefs inconsistent with the Phoenix Police
Department’s Purpose Statement and Guiding Values.
Sergeant Hernandez’ Facebook posts are not compatible with the expectations of the City of
Phoenix and the requirements set forth within the description for the job classification of Police
Sergeant. Police Sergeants are expected to maintain superior integrity, participate in
community activities, have knowledge of general social problems and cultural diversity of our
citizenry. In addition, Police Sergeants are expected to work cooperatively and courteously with
all segments of the public. Additionally, Police Sergeants are required to present legal
testimony, a task that is complicated if a sergeant is found to have engaged in behavior that
demonstrates bias. The Facebook postings made by Sergeant Hernandez, now public, do not
meet the expectations of the community or the City, and do not align with the distinguishing
features, essential functions and required knowledge as outlined in the City of Phoenix
classification for a Police Sergeant.
Therefore, the allegation that Sergeant Hernandez violated the Department’s Social Media Use
policy when he posted inappropriate content on his personal Facebook account is sustained.
This investigation has concluded that Sergeant Hernandez’ actions are in violation of the
following policies:
•

Operations Order 3.27.9.B.(6), (New 08/13), which states, “Department personnel are
free to express themselves as private citizens on social media sites to the degree that
their speech does not impair working relationships of this Department, are detrimental to
the mission and functions of the Department, that undermine respect or public
confidence in the Department, cause embarrassment to the Department or City, discredit
the Department or City, or undermine the goals and mission of the Department or City.”

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INTERNAL INVESTIGATION REPORT PSB19-0070
Page 9 of 10
•

FINAL

Operations Order 1.1.2.B.(3), which states, “Responsibility and Respect: We respect
and honor the inherent dignity of all people, including ourselves, and pledge fair and
equal treatment for all.”

Accordingly, the applicable discipline for the most significant policy violation outlined above is
designated in Operations Order 3.18, Addendum A, 3.D.(1)(p), “As defined in the Classification
Guidance Criteria, section 4, of this addendum,” and further defined in Operations Order 3.18,
Addendum A, subsection 4.C.(4), where, “The employee’s actions violated the oath of office or
basic Department values.” This is a Class III violation, which requires referral to the DRB for a
possible demotion and/or 40, 80, or 240 hours suspension, or termination or referral to the
Police Chief (or designee) for a Loudermill Hearing.
CLOSING:
This Professional Standards Bureau investigation is complete. The investigation was reviewed
by the involved employee. This investigation will be retained in the Professional Standards
Bureau in accordance with retention policies/law.

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Page 10 of 10

FINAL

Endnotes:
1

Not attached; reference www.plainviewproject.org
“PVP Phoenix news,” Google search
3 Attachment; “plain view project phoenix news,” Google search
4 Attachment; “plain view project phoenix news,” Google search
5 Attachment; “plain view project phoenix news,” Google search
6 Attachment; “plain view project phoenix news,” Google search
7 Not attached; reference www.plainviewproject.org
8 Attachment; Sergeant Hernandez (7) FB posts – Did not violate OPS 3.27
9 Attachment; Sergeant Hernandez (4) FB posts – Interviewed for violation of OPS 3.27
10 PSB Interview with Sergeant Hernandez, Begin: 9:33
11 PSB Interview with Sergeant Hernandez, Begin: 4:28
12 PSB Interview with Sergeant Hernandez, Begin: 12:31
13 PSB Interview with Sergeant Hernandez, Begin: 20:19
14 City of Phoenix Job Description for Police Sergeant – see attachment
15 Attachment; “plain view project phoenix news,” Google search (07/09/2019)
16 Attached; ENS (06/03/2019) – Message from the Chief – Employee Social Media Use
2

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1
2
3
4
5
6

Steven J. Serbalik, Bar #028191
STEVEN J. SERBALIK, P.L.C.
4925 E. Desert Cove Ave #116
Scottsdale, Arizona 85254
Telephone: (480) 269-1529
steveserbalik@gmail.com
Attorney for Plaintiffs Juan Hernandez and
the Arizona Conference of Police and
Sheriffs, Inc.

7

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

8
9
10
11
12

Juan Hernandez, et. al,

NO.
Plaintiffs,

v.
The City of Phoenix, et. al,
Defendants.

13
14

CERTIFICATION OF COUNSEL
RELATED TO PLAINTIFFS
MOTION FOR A TEMPORARY
RESTRAINING ORDER,
PRELIMINARY INJUNCTION,
AND PERMANENT INJUNCTION

15

Pursuant to F.R.C.P. 65(b)(1)(B), Steven J Serbalik, movants’ attorney, certifies

16

that the Complaint, Exhibits, and Motion for a Temporary Restraining Order, Preliminary

17

Injunction, and Permanent Injunction will be immediately emailed to the official City of

18

Phoenix email addresses of Defendant Jeri Williams, Defendant Shane Disotell, and the

19

City Attorney of Defendant City of Phoenix. Upon information and belief, Defendants and

20

their representatives regularly check their email addresses, and will have immediate,

21

actual notice of the Complaint and Motion.

22
23
24
25
26
27
28

RESPECTFULLY SUBMITTED this 10th day of October, 2019.
STEVEN J SERBALIK, P.L.C.
By:

/s/Steven J. Serbalik
Steven J. Serbalik
4925 E. Desert Cove Ave #116
Scottsdale, Arizona 85254
Attorney for Plaintiffs Juan Hernandez and the
Arizona Conference of Police and Sheriffs, Inc.