Formal complaint: Impartial attitude and courtesy

OF
CITY
LUSTIN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1075
November 29, 2021
Complaint: The complainant alleges:
"Officers name
Male Hispanic how tall don't know
2nd officer: Corporal
Male Caucasian how tall? Don't know
Brief description of what happened?
Officer
and a 3rd officer who was a white female stopped me when I was on
the median at
. He started asking me question. I told him I
wanted a lawyer present before being asked or answering any questions.
My complaint:
The next words out of his mouth were your going to jail for resisting arrest. He lied and
denied me my constitutional rights. When corporal
pulled up they both assaulted
me instead of just arresting me. I'm alleging bias? because I tried filing a complaint on
Officer
and other officers w/ Corp
He told me he wasn't filing a report on
any officers."
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.
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
CURRENT
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.
318.5.1 MIRANDA WARNING
(a) Officers will administer the Miranda Warning to a subject during a custodial interview/
interrogation when questioning begins to focus on the person stopped, becoming accusatory
regarding a specific offense.
321.3.1 GENERAL GUIDELINES
(b) All prisoners shall be seatbelted and placed in an upright position while in a police vehicle.
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.