Formal Complaint: Impartial Attitude and Courtesy, When Department Issued BWC System Is Required, Handcuffing Detainees
Complainant alleges that Austin police officers mistreated an individual while detaining them. The Office of Police Oversight recommends that this allegation receive a B classification.
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CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1235
November 20, 2020
Complaint: Complainant alleges:
and
in the parking lot of a
gas station/ convenience store. It seemed there was an awful lot of police presences. There was a
. He was handcuffed,
then was taken out of the handcuffs to stretch and then handcuffed again. He was very upset and
the white officers were just standing around. It was 8 or more white officers standing around 1
black man. Why did they stop him? Did they stop him because he was black and in our
neighborhood? That is not right. What was going on? I want to know. Did they get him mental
health help if he needed it? Did they get him food? Why were SO many officer surrounding him
like that?
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):
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees are expected to act professionally, treat all persons fairly and equally, and perform all
duties impartially, objectively, and equitably without regard to personal feelings, animosities,
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used.
In some circumstances it may not be possible to capture images of an incident due to conditions
or location of the camera, however the audio portion can be valuable evidence and is subject to
the same activation requirements. The BWC should only be activated for law enforcement
purposes.
318.3.1 HANDCUFFING DETAINEES
DED
As a practice, officers should not handcuff lawfully detained individuals. However, situations
may arise where it may be reasonable to handcuff a lawfully detained individual
Officers
should weigh the safety interests of all involved individuals against unreasonable intrusion upon
a detainee when deciding to place handcuffs on a detainee. Unless arrested, handcuffing
detainees at the scene of a search warrant should continue for only as long as is reasonably
necessary to ensure the safety of officers and others.
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
TURNER
OFFICE OF
NOTICE OF FORMAL
1839
POLICE OVERSIGHT
COMPLAINT
FOUNDED
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.
F
OUNDED
1839
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.