The Tyron McAlpin lawsuit has not settled. As of June 18, 2026, his federal civil rights case against the City of Phoenix and three officers remains active in U.S. District Court, and the most recent docket entry is a report indicating the parties are in settlement discussions. No resolution has been publicly announced, and the City of Phoenix has said it does not comment on pending litigation.
What the Lawsuit Claims
McAlpin’s attorneys filed the complaint on March 5, 2025, in the U.S. District Court for the District of Arizona. The case is assigned to Judge Krissa M. Lanham under docket number 2:25-cv-00757-KML-JZB. It names the City of Phoenix and officers Benjamin Harris, Kyle Sue, and Jorge Acosta.
The complaint brings four sets of claims:
- Fourth Amendment excessive force under 42 U.S.C. ยง 1983, alleging officers used a chokehold, slammed McAlpin’s head into asphalt, and repeatedly deployed a Taser.
- Fourth Amendment unlawful seizure and false arrest, alleging there was no probable cause.
- A Monell claim against the City of Phoenix, alleging unconstitutional policies, customs, and a failure to train, supervise, or discipline officers.
- State-law claims for assault, battery, and negligence against the city and the individual officers.
The complaint asks for compensatory and punitive damages but does not name a figure. That is a change from the earlier notice of claim McAlpin’s attorney, Jesse Showalter of Robbins Curtin Millea & Showalter, filed with the city on November 19, 2024. That notice offered to settle for $3.5 million and alleged wrongful arrest, malicious prosecution, excessive force, negligence, assault, battery, defamation, and intentional infliction of emotional distress. The city did not respond, and the demand expired.
Showalter has called the encounter a “violent police assault” and accused the officers of falsifying reports afterward. “These officers went wrong from the moment Officer Harris got out of the car,” he said. “You watch the video and what you see is his arms are reaching out, and he’s assaulting Tyron from the moment the encounter begins.”
Where Settlement Talks Stand
The docket shows a “Report of Settlement Talks/Discussions” filed by McAlpin’s side, which is what tells the public the parties are negotiating. Beyond that filing, neither side has released terms, a figure, or a timeline. The $3.5 million pre-suit demand is the only dollar amount ever attached to the case publicly, and the federal complaint deliberately dropped that number.
The Arrest Behind the Case
On August 19, 2024, Phoenix officers responded to a reported disturbance at a Circle K near Indian School Road and 12th Street. A man at the scene, Derek Stevens, pointed across the street and falsely told officers that McAlpin had assaulted him and stolen his phone. Store employees and surveillance footage later contradicted that account, showing McAlpin was a regular customer who had been trying to help staff remove Stevens from the store. Stevens has not been charged with any crime, according to the Maricopa County court website.
McAlpin is deaf and has cerebral palsy. Officers Harris and Sue ordered him to the ground. He could not hear them. He later said he tried to gesture toward his ears. Body-camera footage shows Harris exiting his vehicle and striking McAlpin almost immediately. Officers punched him at least ten times in the head and used a stun gun on him at least four times while shouting commands he could not hear. When his wife, Jessica Ulaszek, arrived and told officers he was deaf and had cerebral palsy, Harris responded, “No. He doesn’t need to know,” according to the recording.
The Criminal Charges Were Dismissed
Officers charged McAlpin with three felony counts, including aggravated assault on police officers and resisting arrest. He was held on a $6,500 bond and spent 24 days in the Maricopa County jail system, his first time incarcerated.
On October 17, 2024, Maricopa County Attorney Rachel Mitchell dismissed all remaining charges after personally reviewing what she described as “a large volume of video recordings, police reports, and other materials.” Her review followed inquiries from the local NAACP chapter and a meeting she convened with senior attorneys and community members. “I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin,” Mitchell said.
What Happened to the Officers
Harris and Sue were placed on paid administrative leave in October 2024 during an internal investigation by the Phoenix Police Department’s Professional Standards Bureau. Interim Chief Michael Sullivan said at the time, “I recognize the video is disturbing and raises a lot of questions. I want to assure the community we will get answers to those questions.”
On March 25, 2025, Sullivan announced discipline against all three named officers. Each received a 24-hour unpaid suspension, which the department noted worked out to roughly three eight-hour shifts. Two of the three were also ordered to attend additional de-escalation training. Three supervisors investigated for failure to supervise were exonerated.
The Phoenix Law Enforcement Association opposed the suspensions. PLEA president Darrell Kriplean said the organization was “appalled,” claiming the use of force had previously been reviewed as “within policy” and that the reversal was “due to public pressure, based on biased media reporting.”
The officers appealed to the Civil Service Board, a panel of residents appointed by the city council that hears disciplinary appeals in private. The board rescinded Harris’s discipline entirely and reduced Sue’s suspension to a written reprimand. The outcome of Acosta’s appeal is not detailed in available reporting.