Formal complaint: Response to resistance and other policy violations

OF
CITY
CUSTOM
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1042
November 5, 2021
Complaint: Complainant alleges he was trying to get his car SO he called the police to assist him.
Complainant alleges officer
attacked him and slammed him on the ground and his arm is
still hurting. Complainant alleges he ended up taking charges for something that he did not do.
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):
200.3 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.
321.3.1 GENERAL GUIDELINES
(f) While transporting a prisoner in a vehicle equipped with an MAV device, officers
shall have the rear seat camera activated, or the front camera activated and faced toward
the prisoner.
402.1.1 GENERAL GUIDELINES
Officers will not write an offense report when they are the victim of a crime. The victim officer
will write a supplement. The offense report will be written by an officer who is not a victim.
437.3.1 CRIMINAL TRESPASS NOTICE
When an officer witnesses a subject being given a trespass notice by an owner/agent, the officer
shall document the incident by either writing a "Criminal Trespass Notice" incident report (title
code 2730) or complete a Criminal Trespass Notice Incident Form (PD0040 or PD0040E). A
subject does not need to be on the property at the time the notice is given in order for the notice
to be valid.
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
If the notice is to be temporary and the suspect leaves when told to do SO by the owner/agent, the
officer will title the report "Assist Complainant" and document that the notice was temporary and
should not be considered a permanent (e.g., up to one year) notice
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.