Queja formal: Deber a interceder, Deescalación de posibles encuentros de fuerza, Evaluación y deescalación

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-1388
December 10, 2020
Complaint: Complainant, Ms.
submitted a complaint by phone to the Office of Police
Oversight on
alleging that her grandson was arrested by an
and that in the process he was tased, his arm was broken requiring surgery, and that his
family was not contacted. She also believed that the involved officer may have had a personal
issue with her grandson involving a relationship with a girl gone wrong.
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):
200.1.3 DUTY TO INTERCEDE
Any officer who observes another officer using force shall intercede to prevent further harm if
the officer knows that the force being used is not objectively reasonable and the officer has a
reasonable opportunity to prevent the harm. Such officers must also promptly report these
observations to a supervisor.
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.
200.3.1 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
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
GINT
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
POUNDED
may influence their decisions. The question is whether the officer's actions are "objectively
reasonable" in light of the facts and circumstances confronting him.
200.3.2 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
200.3.3 NOTICE OF AUTHORITY AND IDENTITY
If it is not already reasonably known by the subject to be searched or arrested, or it is not
reasonably impracticable to do so, officers should make clear their intent to arrest or search and
identify themselves as a peace officer before using force (Tex. Penal Code § 9.51(a)(2)).
208.3 VERBAL WARNINGS
A verbal announcement of the intended use of the TASER Device shall precede its application
unless it would otherwise endanger the safety of officers or when it is not practicable due to the
circumstances.
208.4.3 SPECIAL DEPLOYMENT CONSIDERATIONS
(a) The use of the TASER Device should generally be avoided in the following situations unless
the totality of the circumstances indicate that other available options reasonably appear
ineffective, impractical, or would present a greater danger to the officer, the subject or others,
and the officer reasonably believes that the need to control the individual outweighs the risk of
using the TASER Device.
208.4.5 MULTIPLE APPLICATIONS OF THE TASER DEVICE
Only one officer shall deploy his TASER Device on an individual unless it is obvious the
deployment was not effective.
215.1.1 POLICY
It is the policy of this department when deciding to initiate or continue a foot pursuit that
officers must continuously balance the objective of apprehending the subject with the risk and
potential for injury to department personnel, the public, or the subject. Officers are expected to
act reasonably based on the totality of the circumstances. Absent exigent circumstances, the
safety of department personnel and the public should be the primary consideration when
determining whether a foot pursuit should be initiated or continued. Officers must be mindful
that immediate apprehension of a subject is rarely more important than the safety of the public
and Department personnel.
215.2 DECISION TO PURSUE
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
Officers may be justified in initiating a foot pursuit of any individual the officer reasonably
believes is about to engage in, is engaging in, or has engaged in criminal activity. The decision to
initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of
the circumstances presented at the time.
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.
321.1 PURPOSE AND SCOPE
Department values mandate that persons taken into custody will not be abused, and the
individual rights of prisoners must be protected at all times. Until arrested persons are accepted
at the booking facility, their care and custody shall be the responsibility of the
arresting/transporting officers.
321.2.1 RESTRAINT GUIDELINES
(b) Officers shall not:
1. Use restraints to punish, display authority, or as a show of force.
321.3 TRANSPORTING ARRESTED PERSONS
The law imposes a duty of care on the transporting officer to protect prisoners from injury.
321.3.2 SPECIAL SITUATIONS
(c) Ill, Injured or Disabled Prisoners
1. Transporting of the ill, the injured, or prisoners with a disability should be done with
the officer's safety and the physical comfort of the prisoner in mind. Circumstances may
require that the arresting officer transport the prisoner by EMS, prisoner transport van, or
by a specially designed vehicle that can be requested through City or commercial entities.
At least one officer will ride with the prisoner in the EMS unit or other designated
transport unit. A second officer will follow the prisoner transport vehicle in a police
vehicle.
3. Ill or injured prisoners in custody of an officer should be restrained, if possible, to
prevent escape or to prevent injury to officers or medical personnel. (a) The officer will
consider the prisoner's special circumstances before applying any restraining device. (b)
The prisoner should not be restrained in such a way that proper medical attention is
prevented.
900.3 GENERAL CONDUCT
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
This section contains the expectations and requirements of employee conduct, both on-duty and
off-duty, and causes for disciplinary action due to employee misconduct. This is not intended to
cover every possible type of misconduct and does not preclude the recommendation of
disciplinary action for specific action or inaction that is detrimental to efficient Department
service.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty or off-duty may reflect directly upon the
Department, employees must conduct themselves at all times in a manner which does not bring
reproach, discredit, or embarrassment to the Department or to the City.
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.