Formal complaints: De-escalation of potential force encounters and other policy violations

CLASS OF CUSTOM
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1102
December 8, 2021
Complaint: The complainant alleges: Computer work and enjoying adult beverages with my dog
at
when excessive force was used against me causing injury and PTSD. Medical
staff punctured my arm multiple times with a needle causing severe pain and I became
unconscious. I have a known medical condition of becoming unconscious when blood is being
withdrawn from my body. I was punched in the chest leaving a dark bruise and chest pain. My
entire body is bruised from the incident and I've been experiencing severe body pain and PTSD.
blood was seized without my consent and a warrant was not presented by the APD officer who
threatened to arrest me at the hospital. I received a bill today
for the incident
that took place at
at the
Government corruption, bribery, drug trafficking, money laundering, and criminal activity at the
!! APD officers are being paid off by
business operators
Weekends Fri-Sat are horrible!!! APD cops allow everyone to
smoke marijuana, snort and smoke drugs, asset community members, drink excessive alcohol, and
break the law!!!! TABC needs to shut this place down ASAP!!!
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):
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.
200.3.1 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
TURNER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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 them.
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.
309.5.2 MEDICAL CONDITIONS
Officers observing persons whom they believe to be intoxicated are reminded that certain
medical conditions can be mistaken for intoxication. Officers should ask the individual about any
current medical conditions as well as check for a medical identification bracelet or other similar
item that may indicate the person has a medical issue. Any detainee who exhibits signs of
possible acute alcohol intoxication (alcohol poisoning) or other serious medical condition shall
be evaluated by Emergency Medical Services. If responding medical personnel determine that
the individual requires transportation to a hospital for further treatment, officers may assist, but
shall not transport the intoxicated person themselves. If the person is not being charged with a
crime and does not pose an immediate threat to medical personnel, there is no need for officers to
follow medical personnel to the medical facility. Identifiable symptoms of acute alcohol
intoxication may include: (a) Unconsciousness or semi consciousness (b) Repeated episodes of
vomiting (c) Vomiting while sleeping or passed out and not waking after vomiting (d) Inability
to walk or stand
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.