Queja formal: Respuesta a resistencia y otras violaciones a políticas

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0289
April 27, 2020
Complaint: Mr.
complainant, alleges that Austin Police Department (APD)
officers may have violated APD policy when they "tackled and subdued" a man in downtown
Austin. The complainant states, in part, that, "the victim appeared to be a rough sleeper, and was
walking west along
St from the corner of
He stumbled and knocked over a Bird
(or similar brand) scooter. At the time there were two officers also waiting to cross from the
north west corner of
One of the officers went to approach the victim,
but rescinded after realizing that the victim may be intoxicated. The victim then wandered onto
at which time the two officers at the corner ran towards the victim and tackled him to the
kerb [sic]. At the same time, approximately six officers approached from the south in marked
cars and golf carts and jumped onto the already subdued victim. The force used was completely
unnecessary for the severity of the situation. The impact of the victim with the ground and the
multiple officers throwing themselves onto the victim was disturbing to myself and others that
witnessed the incident. After the victim was subdued, police officers began walking towards the
observers - and at this point I realized the intention of the heavy-handed show of force and did
not want to get immediately involved. After witnessing the obvious bullying tactics of the APD,
I feel obliged to speak out against such behavior."
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):
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.
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.
Nothing in this de-escalation policy requires an officer to place themselves in harm's way to
attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers
may need to abandon de-escalation efforts after they have commenced. Understanding that no
policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable de-escalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific
officer training that addresses de-escalation.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
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.
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.
200.5 REPORTING THE RESPONSE TO RESISTANCE
Any response to resistance by a member of this department shall be documented promptly,
completely and accurately in an appropriate report as prescribed by General Order 211
(Response to Resistance Inquiry, Reporting, and Review).
200.5.2 DUTY TO GIVE AID AND MEDICAL CARE
Prior to booking or release, medical assistance shall be obtained for any subject who has
sustained visible injury, (expressed a complaint of injury or continuing pain or who has been
rendered unconscious. Based upon the officer's initial assessment of the nature and extent of the
subject's injuries, medical assistance may consist of examination by fire personnel, paramedics,
hospital staff or medical staff at the jail.
A subject who exhibits extreme agitation, violent irrational behavior accompanied by
profuse sweating, extraordinary strength beyond their physical characteristics and impervious to
pain, or who requires a protracted physical encounter with multiple officers to be brought under
control, may be at an increased risk of sudden death and shall be examined by qualified medical
personnel as soon practicable. Any individual exhibiting signs of distress after such an encounter
shall be medically cleared prior to booking.
If any individual refuses medical attention, such a refusal shall be fully documented in
related reports and, whenever practicable, should be witnessed by another officer and/or medical
personnel. If an audio recording is made of the contact or an interview with the individual, any
refusal should be included, if possible.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
211.4.1 EMPLOYEE REPORTING GUIDELINES FOR ALL FORCE LEVEL INCIDENTS
The following outlines the reporting guidelines for involved employees, employees that witness
an incident and employees designated to assist at the scene of any response to resistance incident.
211.8 LEVEL 3 INCIDENT INQUIRY, REPORTING, AND REVIEW REQUIREMENTS
Level 3 force incidents require the involved employees to document the incident in a report and
notify their supervisors. Supervisors shall conduct a review of Level 3 force incidents as outlined
below but may upgrade any Level 3 force incident to a Level 2 force incident in order to conduct
a more extensive review. Any Level 3 that is upgraded to a Level 2 shall be investigated and
documented in the same manner as a Level 2.
301.1 PURPOSE AND SCOPE
A
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.
304.3.2 WHEN DMAV USE IS REQUIRED
This order is not intended to describe every possible situation where the system may be used.
In some circumstances it is not possible to capture images of the 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.
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.
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
(1) Use loud, indecent, profane, harsh, derogatory language, or use belittling term
in any communications.
(2) Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
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
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
anything that might incite that person to violence.
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.
F
OUNDED
1839
The City of Austin is committed to compliance with the American Disabilities Act.