Formal complaint: Impartial attitude and courtesy and other policy violations

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0051
April 7, 2021
Complaint: Ms.
submitted an online complaint to the Office of Police Oversight
stating:
"I was at work, I was assaulted by a woman who physically hurt me, I went outside to look for
a officer & the women was outside yelling at me. I went to tell the officer I needed to file
charges and he yelled at me, I was walking back inside to grab my purses, as I was walking
officer grabbed my arm, I moved my arm away he was extremely rough and handcuffed me, I
asked what he was doing he said I was under arrest for resisting arrest, I told him what was I
even being arrested for to begin with, he couldn't answer me, he walks me to his car and says
I was being charged with public intoxication, NO SOBRIETY TEST NOTHING! I told him I
was NOT INTOXICATED & he had the cuffs on to tight my wrist felt as if they were going
to break, he didn't do anything about it, I asked to speak to another officer he said he was the
one in charge, I was handcuffed and searched and then i asked if I was being arrested he said
yes, I said NO ONE HAS READ ME MY RIGHTS! The officer read them to me finally and I
was out in the back of a car. I was treated like the criminal when I was the one that was the
victim, the person that assaulted me was not even arrested. I was violated & falsely accused.
I
was physically hurt by the assault then hurt by the cuffs and left red marks and bruises on my
wrist. Officer
was the officer that did this to me. This happened
but it
won't let me add the correct date."
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):
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees are expected to act professionally, treat all persons fairly and equally, and perform all
duties impartially, objectively, and equitably without regard to personal feelings, animosities,
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
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.
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.
GIN OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
200.3 RESPONSE TO RESISTANCE
Reporting Required - Any complaint by a subject that an officer caused pain or injury shall be
treated as a response to resistance force incident, except complaints of minor discomfort from
unresisted handcuffing.
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.
200.3.3 NOTICE OF AUTHORITY AND IDENTITY
If it is not already reasonably known by the subject to be searched and 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.
200.5 REPORTING THE RESPONSE TO RESISTANCE
Any response to resistance by a member of this department shall be documented promptly,
completely and accurately in an appropriate report as prescribed by General Order 211
(Response to Resistance Inquiry, Reporting, and Review).
200.5.1 NOTIFICATION TO SUPERVISORS
Supervisor notification shall be made as soon as practicable following any force incident or
allegation of force.
211.4 EMPLOYEE RESPONSIBILITIES FOR ALL FORCE LEVEL INCIDENTS
The following outlines the required responsibilities of involved employees, employees that
witness an incident, and employees designated to assist at the scene of any response to resistance
incident.
902.2.3 EXTERNALLY INITIATED COMPLAINTS
Sworn employees receiving an alleged minor nature against complaint against an officer should
request a supervisor to respond to the scene. If a supervisor is not available, or if the complainant
is not able to wait for a supervisor, the officer shall obtain the citizens contact information and
forward it to a supervisor. The supervisor may handle the complaint as outlined in the Initial
Supervisor Responsibility section. Complaints of a serious nature require the immediate
notification of an available supervisor. Serious complaints must be initially investigated by the
rank of sergeant or above.
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
206.4.2 CARRYING OF OLEORESIN CAPSICUM SPRAY
Uniformed employees carrying the OC spray shall carry the device in its holster on the
equipment belt. Plainclothes and non-field employees may carry the OC spray as authorized,
consistent with the needs of their assignment or at the direction of their supervisor.
303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM IS AUTHORIZED
Once the BWC system is activated it shall remain on until the incident has concluded or until
deactivation is permissible in accordance with this order.
900.4.3 NEGLECT OF DUTY
Employees will satisfactorily perform their duties.
110.4.4 INSUBORDINATION
A
Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey
any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by
obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is
considered insubordination whether done in or out of the supervisor's presence.
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.
UNDED
1839
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.