Formal complaint: De-escalation of potential force encounters, Assessment and de-escalation, Response to resisitance, Determining the objective reasonableness of force, and other policy violations

OF
CURRENT
OFFICE OF
POLICE OVERSIGHT
COUNDED
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0881
September 1, 2021
Complaint: The complainant alleges: I dialed 911 after being struck in my back afer
drove and parked behind me. I talk to 2 female dispatchers who ask me to
wait on ambulance. Note: Police been harassing since brutal attack at
left me hurt
bad. Note: 911 call left me on hold when I dialed at first. I then ran to
who were
not their then next I was headed to
."
"Officer treated me ruff and I never seen the ambulance. I was compliant and they treated me like
a game regarding my injury and the situation they treated me ruff made me sit in hot car for hours
the hand cuffs were tight they asked me question without reading me my miranda rights the Lady."
"These are two separat situation but forming one. One happened back in
were Police
Beat me down in the
parking lot on camera for several minutes they lied and said I assaulted
them then dropped the case down to a risisting arrest then next
they still retaliating
even making my bond high and interfering with my case. APD has been around me all year beating
me up and hurting me because my color when is it going to stop. I fear for my life around them.
Some are practicing marshall law.
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 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.
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.
OF
GIN
COSTANT
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.
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 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 him.
208.3 VERBAL WARNINGS
A verbal announcement of the intended use of the TASER Device shall precede its application
unless it would otherwise endanger the safety of officers or when it is not practicable due to the
circumstances.
208.4.5 MULTIPLE APPLICATIONS OF THE TASER DEVICE
Only one officer shall deploy their TASER Device on an individual unless it is obvious the
deployment was not effective.
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.