Formal complaint: Impartial attitude and courtesy, When department issued BWC system deactivation is authorized
The complainant alleges that Austin police officers broke down his front door, entered his home, and ordered his family to come outside without cause. The complainant also alleges that he and his wife were hit in the face during the incident. OPO recommends this complaint receive a B classification.
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SUBTOTAL
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0914
September 7, 2021
Complaint: Complainant alleges that shortly after returning home from work, APD officers began
loudly banging on the complainant's door. Complainant alleges that APD officers did not initially
say who they were, and when the complainant looked out the peep hole of the door, the door hit
the complainant in the face. The complainant alleges that officers ordered the residents of the house
outside. When the complainant refused and asked why officers ordered the individuals outside, the
officers did not say. Later, the complainant alleges that APD officers broke down the front door to
get inside. Prior to breaking the door down, the complainant alleges that officers said on the radio
that the door was already open when it was not. Complainant further alleges that after officers
broke down the door, the complainant and his wife were hit and taken outside. The complainant
alleges that his wife
has bruises from the incident. Once outside,
asked officers
why they were doing this. Officers allegedly ignored and taunted
At one point,
alleges that officers sat in their car with their headlights shining on the complainants. Officers were
also allegedly waiving their hands at the complainants during this time. Later, the complainants
allege that they asked for a supervisor to respond to the scene. APD officers were allegedly
reluctant to call for a supervisor. Eventually, the complainants allege that a supervisor did arrive
to the scene and took pictures of everything including the broken door and
bruises.
alleges that since this incident, his children and wife have been traumatized. They have
also had trouble sleeping. The complainants are now also fearful of police and retaliation.
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):
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
OF
CITY
TURNA
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.
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.