Queja formal: Deescalación de posibles encuentros de fuerza, Respuesta a la resistencia, y otras violaciones a políticas

OF
CITY
STUDENT
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0161
March 12, 2021
Complaint: The complainant,
alleges: My name is
I called 911 on
because my husband
was having a mental episode that he had been
seeking help for due to the global pandemic This pandemic has him out of work and has taken a
toll on him and has been deteriating since. I was afraid he was going to hurt himself that night and
the Austin PD showed up to address my concerns. He was looked at by the EMS and taken by
APD in a squad car to South Austin Medical Center. During this transportation he was injured by
the officers and has seen a doctor and now is scheduled to see a specialist because of his injuries.
This is a prime example of officers not being qualified or trained properly for dealing with
instances like this. I am glad he was not shot or killed but he was severally injuried on his left
elbow that he has lost use of his left arm. He cant even carry a gallon of milk with his left arm.
Doctor has inform us that he will probably never regain full use of this arm. He will be seeing a
specialist but until then cortozone shots are required for pain and limited movement. We have put
our house for sale because of the continued mis- treatment of the APD that I am afriad if he has
another episode he will end up shot not only because of his condition but his color. I am requesting
all video from the entire visit from all officers at
all the way until he got to the
hospital.
is known as a police reformed activist in the city of austin and I am afraid maybe
this is why he was injured during the call.
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):
200.2 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.
200.3 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.
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
GIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
211.2 DETERMINING THE CORRECT FORCE LEVEL
Force levels are broken up into four types: Level 1, Level 2, Level 3, and Level 4. Each level is
defined below by the response to resistance used in the incident. These levels are established for
inquiry, reporting, and review purposes only. If there is uncertainty about which level to designate
a particular incident then the higher level shall be used.
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.
(b) Employees equipped with a Department issued BWC system must be trained in the operation
of the equipment prior to its use. BWC equipment will be used in accordance with Department
training and the BWC operations manual.
(c) Unless otherwise authorized by the Chief of Police or his/her designee, BWC's will be worn
consistent with the training and manufacturer's recommendations, in regards to fields of view and
employee safety. Employees will adhere to the following dimensions for placement of the BWC:
1. From the center of the sternum, no more than four inches to the right or left on the outermost
layer of clothing such that the camera has an unobstructed view.
2. No higher than four inches below the top button of the uniform shirt and no lower than six inches
below the top button of the uniform shirt.
318.3.1 HANDCUFFING DETAINEES
(c) Officers should weigh the safety interests of all involved individuals against unreasonable
intrusion upon a detainee when deciding to place handcuffs on a detainee.
(d) Unless arrested, handcuffing detainees at the scene of a search warrant should continue for only
as long as is reasonably necessary to ensure the safety of officers and others.
318.6 FIELD PHOTOGRAPHS
(a) Field photos should only be used for:
2. Identification of a subject's condition (e.g., injuries, tattoos, evidence stains on clothing, jewelry,
distinctive clothing/shoe patterns).
318.6.5 SUPERVISOR RESPONSIBILITY
While it is recognized that field photographs often become valuable investigative tools, supervisors
should monitor such practices for compliance with Department General Orders. This is not to
imply that supervisor approval is required before each photograph.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation 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.