Formal complaint: Assessment and de-escalation and other policy violations

OF
CITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1014
November 5, 2021
Complaint: The complainant alleges: "Officer
unprofessionally made
the decision to tow my vehicle which was right in front of my apartment, after I told him
numerous times to leave it in the carport in my apartment complex or to tow it to a auto shop of
my choice but the officer refused to listen, give me and or offer that decision to me. My vehicle
was towed miles away from where I reside, I do not have the funds or the monetary support to
retrieve my vehicle now because of the discourteous and unprofessionally decision that was
made by the officer, when I tried to speak to the tow truck driver the officer aggressively
removed me from approaching him and placed me under arrest aggressively, I had two seizures
in police custody and the cuffs were placed SO tightly I now suffer neurological issues on my
wrists. This is now not just costing me hundreds in towing costs but thousands now in
combination of medical bills and transportation costs I don't have and I'm suffering from at the
moment"
This notice of formal complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service Rules, and
Municipal Civil Service Rules.
Recommended Administrative Policies to Review (to include but not limited to):
200.2.1 ASSESSMENT AND DE-ESCALATION
As officers arrive on the scene, observe conditions, and interact with the persons there, they
should continue to gather additional relevant information and facts. These assessments, along
with reasonable inferences help to develop an understanding of the totality of the circumstances
of the incident.
(b) Use of De-escalation Techniques - Employing de-escalation techniques may involve
securing additional resources, tactical repositioning, and employing verbal persuasion.
200.3.1 DETERMINING THE OBJECTIVE REASONABLENESS OF FORCE
Any interpretation of objective reasonableness about the amount of force that reasonably appears
to be necessary in a particular situation must allow for the fact that police officers are often
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.
OF
CITY
ADITION
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
forced to make split-second decisions in circumstances that are tense, uncertain and rapidly
evolving, and the amount of time available to evaluate and respond to changing circumstances
may influence their decisions. The question is whether the officer's actions are "objectively
reasonable" in light of the facts and circumstances confronting them.
(a) When determining whether to apply any level of force and evaluating whether an officer
has used objectively reasonable force, a number of factors should be taken into
consideration. These factors include, but are not limited to:
301.1 PURPOSE AND SCOPE
All persons deserve protection by fair and impartial law enforcement and should be able to
expect similar police response to their behavior wherever it occurs. Employees will serve the
public through direction, counseling, assistance, and protection of life and property. Employees
will be held accountable for the manner in which they exercise the authority of their office or
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner.
In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees
shall act professionally, treat all persons fairly and equally, and strive to interact with the
community in a positive manner. Employees will perform all duties objectively and without
regard to personal feelings, animosities, friendships, financial status, occupation or employment
status, sex, disability status, housing status, mental health or ability, citizenship, language,
national origin, creed, color, race, religion, age, political beliefs, sexual orientation, gender
identity, gender expression, ethnicity, or social or ethnic background. Employees will endeavor
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION IS
AUTHORIZED
Once the BWC system is activated it shall remain on until the incident has concluded or until
deactivation is permissible in accordance with this order.
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.
OF
CITY
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive a B classification.
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.