Queja formal: Actitud imparcial y cortesía, cuando se autoriza la desactivación del sistema de cámara corporal, esposar a personas detenidas y otras violaciones a políticas

OF
CITY
LUSTIC
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0940
September 21, 2021
Complaint: The complainant alleges: I have no clue as in why I was arrested they charged me
with public intoxication, these officers followed me and the person I was with the first. They
racially profiled him, also the second time going back they followed me again. They was very
rough with me, they slammed me on the police vehicle. I am physically bruised by this whole
incident with these officers. It was more than one officer that surrounding me. These officers told
me that I couldn't go back into the location to get the person that rode with me, they refused my
rights to walk freely. I felt like I wasn't even a human. All I was trying to do was go get the person
that came with me downtown SO we could leave a second time but they did not let me do that. This
arrest could've been prevented if they wasn't following myself and the person that was with me
that night. I feel harassed.
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):
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner.
In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees
shall act professionally, treat all persons fairly and equally, and strive to interact with the
community in a positive manner. Employees will perform all duties objectively and without regard
to personal feelings, animosities, friendships, financial status, occupation or employment status,
sex, disability status, housing status, mental health or ability, citizenship, language, national origin,
creed, color, race, religion, age, political beliefs, sexual orientation, gender identity, gender
expression, ethnicity, or social or ethnic background. Employees will endeavor to understand and
respect cultural, national, racial, religious, physical, mental, and other differences.
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
CHAN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.
318.3.1 HANDCUFFING DETAINEES
(e) If not documented in a report, officers will document their justification for handcuffing a
detainee for a limited investigation, with a Street Check/Field Interview report.
1. Officers will check "detained" in the Reason field dropdown list.
2. Officers will justify handcuffing the detainee in the Remarks field.
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.
328.3.2 REQUIRED DOCUMENTATION
Every member of the Department is required to document and report to the Department any
detention, frisk, search, nonconsensual stop and/or arrest of a person. Officers shall document the
following information in the appropriate fields of an incident report, field release citation, warning,
field observation card or electronic street check.
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.