Formal complaint: Response to resistance and other policy violations

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0393
April 20, 2020
Complaint: Complainant,
, filed an online complaint alleging the following:
"I was harassed, detained and basically assaulted in terms of excessive use of force. I was
illegally stopped and searched as well as my vehicle Basically a stop and frisk". I was
profiled and targeted My shoulder was injured and no regards taken to the pandemic
coronavirus. I was violated for no reason besides being black in a black neighborhood,
which Austin Police Department has a " history" of doing. I was approached very
aggressively with hands on guns like they were going to use them on me in a neighborhood
where the police have actually taken innocent lives I was frightened and angered by the
blatant disregard of my rights and safety. I was also told by responding supervisor that was
routine for his patrol."
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):
200.3 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.
301.1 PURPOSE AND SCOPE - RESPONSIBILITY TO THE COMMUNITY
All persons deserve protection by fair and impartial law enforcement and should be able to
expect similar police response to their behavior wherever it occurs. Employees will serve the
public through direction, counseling, assistance, and protection of life and property. Employees
will be held accountable for the manner in which they exercise the authority of their office or
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
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.
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
306.9 FRISK (PAT-DOWN) FOR WEAPONS
A frisk is a mere pat-down of the outer clothing, area, vehicle or container to which a detained
person may have immediate access. The purpose of a limited weapons frisk after an investigatory
stop is not to discover crime, but to allow the officer to pursue the investigation without fear of
violence. An officer does not need to be absolutely certain that an individual is armed; the issue is
whether a reasonably prudent person would justifiably believe that he or others were in danger.
328.2 POLICY - RACIAL OR BIAS-BASED PROFILING
The Department strives to provide law enforcement services to our diverse community while
respecting the racial, cultural, or other differences of those we serve. It is the policy and practice
of the Department to provide law enforcement services and to enforce the law equally, fairly, and
without discrimination toward any individual or group.
Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural
group, disability, or affiliation with any other similar identifiable group shall not be used as the
basis for providing differing levels of law enforcement service or the enforcement of the law.
While the practice of racial or bias-based profiling is strictly prohibited, it is recognized that race
or cultural differences may be legitimately considered by an officer in combination with other
legitimate factors; to establish reasonable suspicion or probable cause (e.g., subject description is
limited to a specific race or group), to establish relevant elements of a crime (e.g. exploitation of
an elderly or disabled individual), or to gather evidence relevant to enhanced punishment due to
offenses committed because of bias or prejudice.
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an A 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.