Queja formal: Violaciones en la desescalación de posibles encuentros de fuerza y otras violaciones a políticas

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2019-1402
January 21, 2020
Complaint: Mr.
,
complainant, alleges that Austin Police Department officers
may have violated APD policy during an incident involving he and his wife while reportedly
detaining
for criminal trespass.
alleges that APD officers may
have used excessive force in detaining he and his wife, including by "slam[ming] [him] against
the guard on the car," causing his ribs and shoulder to hurt.
further alleges that
"the officers erased the video from [his] wife's camera phone."
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.
F
Recommended Administrative Policies to Review (to include but not limited to):
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.
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.
200.3.2 USE OF FORCE TO AFFECT A DETENTION, AN ARREST OR TO CONDUCT A
SEARCH
An officer is justified in using reasonable force when the officer reasonably believes the use of
such force is immediately necessary (Tex. Penal Code § 9.51(a)):
(a) To make or assist in a detention or an arrest, or to conduct a search that the officer
reasonably believes is lawful;
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
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
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.
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 DEPARTMENT ISSUED BODY WORN CAMERA
BWC equipment is to be used primarily by uniformed personnel as authorized per assignment by
the Department and must be used unless otherwise authorized by a Commander or above.
(d) Employees shall ensure that their BWC equipment has adequate battery charge and
storage space to complete their regular tour of duty.
1. Employees assigned to the units below are required to power on the device at
the beginning of their tour of duty and not power the device off until the end of
that tour of duty.
(a) Patrol
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
303.4.2 DOCUMENTING BWC SYSTEM USE
Any incident recorded with a BWC system shall be documented in the employee's report. If a
citation was issued, a notation of "BWC" shall be placed in the notes section of the citation.
304.6 DOCUMENTING DMAV SYSTEM USE Any incident that was recorded with either the
video or audio system shall be documented in the employee's report. If a citation was issued, a
notation shall be placed on the back of the records copy of the citation that the incident was
recorded.
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.
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
CHICK
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
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900.4.4 DUTY TO IDENTIFY
(a) Unless doing SO would jeopardize an undercover officer or a covert operation,
employees will furnish the name and identification number of any employee, including
themselves, to any person requesting such information regarding matters in which the
employee was acting in an official capacity. Names of employees will be given in
sufficient form to fully identify the employee.
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.
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.