Formal complaint: Assessment and de-escalation and other policy violations
Complainant alleges they were falsely accused of hurting someone before being arrested. The Office of Police Oversight recommends that this allegation receive a B classification.
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CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0180
April 30, 2021
Complaint:
filed a complaint with the Office of Police Oversight alleging the
following:
"On the date I got arrested I had got into a debate w/ the so-called victim when the police
were called. When they put me into the car, I guess the officers or victim falsely accused
me of hurting someone when no one at the scene was taken to the hospital. They said I hit
somebody."
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order 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.
200.3 RESPONSE TO RESISTANCE
While the type and extent of force may vary, it is the policy of this department that officers use
only that amount of objectively reasonable force which appears necessary under the
circumstances to successfully accomplish the legitimate law enforcement purpose in accordance
with this order.
206.5.2 VERBAL WARNINGS
A verbal announcement of the intended use of the kinetic energy projectile should precede its
application unless it would otherwise endanger the safety of officers or when it is not practicable
due to the circumstances. (a) The purpose of the warning is for the following: 1. Provide the
individual with a reasonable opportunity to voluntarily comply. 2. Provide other officers and
individuals with warning that a kinetic energy weapon may be deployed.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation 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.