Nonfeasance and Malfeasance in Law Enforcement: A Case Study on Public Safety Failures at Phoenix Police Department
By Orlando Jimenez | Former Law Enforcement Officer | Business & Law Professional | U.S. Veteran
When Public Safety Takes a Back Seat to Complacency
City of Phoenix - Law enforcement is a profession built on duty, responsibility, and public trust. Officers swear an oath to serve and protect the communities they patrol, ensuring that justice is applied fairly and effectively. However, when law enforcement officers neglect their duties or misuse their authority, they violate the very trust they are sworn to uphold.
This reality became evident during a recent incident in South Phoenix, where a blatant case of nonfeasance and malfeasance was displayed by @pho Officer Holt (#9475) of the Phoenix Police Department. His failure to act, failure to investigate, and improper deflection of responsibility not only put my family and community at risk but also demonstrated a disturbing lack of accountability in the enforcement of public safety laws.
The Incident: A Family, A Threat, and Police Inaction
On February 20, 2025, at approximately 10:00 AM, my wife, Priscilla Jimenez, and our two young children—one-year-old Amadeo and two-week-old newborn Aziel—were playing in a neighborhood park adjacent to our home in South Phoenix.
During this time, I observed a white male, approximately 45 years old, wearing a flannel shirt over a dark undershirt and dark jeans, standing outside a white Ford Focus Sedan (License Plate #CHIEFY1). This individual was actively using a small blow torch to light a pipe, inhaling a substance, and immediately began displaying signs of extreme impairment—his body swayed uncontrollably, and his posture weakened as he slumped forward.
Shortly after inhaling the substance, the man began walking toward my family, still holding the blow torch in one hand and a set of pliers in the other. Concerned for our safety, I shouted for him to back away and immediately called 911 from my wife’s phone (602-329-0598).
When City of Phoenix Officer Holt (#9475) arrived on scene, he made initial contact with the male suspect at 1617 W. La Mirada Drive. However, instead of taking any meaningful law enforcement action, Officer Holt dismissed the incident entirely, claiming that nothing could be done because the individual used the drugs inside his home—not in public.
Failure of Duty: A Display of Nonfeasance and Malfeasance
Rather than conducting a proper investigation, taking my witness statement or my wife’s statement, or addressing the potential public safety threat, Officer Holt offered an alarming and absurd resolution:
"You’ll have to take it up with your Homeowners Association (HOA)."
This statement is a shocking example of nonfeasance—a failure to perform an official duty—and malfeasance—a deliberate wrongful act that misuses public office.
Why This Matters: The Danger of Complacency in Law Enforcement
As a former law enforcement officer and graduate of ALEA, I understand the importance of upholding duty, investigating thoroughly, and ensuring that the community feels safe and protected. What Officer Holt displayed was not just a failure of police work—it was a failure of ethical responsibility and professional obligation.
Public trust in law enforcement is eroded when officers refuse to act or misuse their discretion to avoid accountability. If law-abiding citizens and families cannot rely on police officers to protect them from threats in their own communities, then who is truly being served and protected?
Legal Implications: Color of Law and Civil Rights Violations
Under 42 U.S. Code § 1983, it is unlawful for a law enforcement officer to use their authority (color of law) to deprive individuals of their rights or equal protection under the law.
In this case:
If this type of behavior goes unchecked, it sets a dangerous precedent for law enforcement conduct and undermines the core principles of justice.
Holding Officers Accountable: The Call for Action
I have formally submitted a complaint to the Phoenix Police Department’s Professional Standards Bureau, requesting:
Furthermore, I am prepared to escalate this complaint to the Arizona Peace Officer Standards and Training Board (AZPOST), the Arizona Attorney General’s Office, and the U.S. Department of Justice Civil Rights Division if necessary.
Final Thoughts: What Can Be Learned from This?
Law enforcement is not just about wearing a badge—it is about upholding the duty and trust given to officers by the public. When an officer fails to perform their job or deliberately misuses their authority, the entire justice system is weakened.
This case is not just about one officer’s failure to act—it is about ensuring that law enforcement officers uphold the ethical and legal standards that the profession demands.
As citizens, former officers, and community members, we must hold law enforcement accountable for their actions and inactions alike—because public safety is not a privilege; it is a right.
Call to Action: Have You Witnessed Nonfeasance or Malfeasance in Law Enforcement? City of Phoenix
If you or someone you know has experienced a failure of duty or an abuse of police authority, do not stay silent. File a formal complaint, seek accountability, and ensure that law enforcement remains a profession of integrity, not complacency.
#Justice #LawEnforcement #PublicSafety #Accountability #PoliceMisconduct #PhoenixPolice #Nonfeasance #Malfeasance #ColorOfLaw #CivilRights