Formal complaint: Purpose and scope and other policy violations

OF
LUSTIC
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1074
November 29, 2021
Complaint: The complainant alleges:
1. Officer's name
Hispanic male about 5'10"
There was also three other officers
I was at the
on
. I was sitting down talking to a friend of mine named
Four officers pulled up.
My complaint
Two officers approached me. When
recognized me he physically grabbed me. After he
grabbed me about a half second later the next officer grabbed me. They were physically
assaulting me. I yelled what are you doing. He said I was going to jail for resisting arrest, and
public intoxication. I did not even have alcohol on me.
This was captured on their body cam, and also their police vehicle. It was multiple officers.
Type of pain: my shoulder a little bit and my wrist. Also it added to the mental abuse because
now I'm afraid of police officers.
I am alleging bias because he knows he was wrong for lying to me about having a blood search
warrant on a previous occasion.
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):
200.2.1 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
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
LOSTAN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
with reasonable inferences help to develop an understanding of the totality of the circumstances
of the incident.
(b) Use of De-escalation Techniques - Employing de-escalation techniques may involve
securing additional resources, tactical repositioning, and employing verbal
persuasion.
301.1 PURPOSE AND SCOPE
All persons deserve protection by fair and impartial law enforcement and should be able to
expect similar police response to their behavior wherever it occurs. Employees will serve the
public through direction, counseling, assistance, and protection of life and property. Employees
will be held accountable for the manner in which they exercise the authority of their office or
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
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.
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.