Formal Complaint: Assessment and de-escalation, Response to resistance, and other policy violations
Complainant alleges that he was injured while being arrested by Austin police officers and detained in jail with no charge. The Office of Police Oversight recommends that this allegation receive an A classification.
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AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2021-0116
March 5, 2021
Complaint:
filed a complaint with the Office of Police Oversight alleging that he
was detained, "slammed to the ground" for resisting arrest but not given reason for arrest, injured
in APD custody, and has medical bills resulting from the incident. He further alleges he was
detained in jail and released with no charge.
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):
200.2.1 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.
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.
303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION 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.
900.4.1 DISCRETION AND REQUIREMENT TO TAKE ACTION Sworn employees are
charged with the responsibility to enforce the law, preserve the peace, and to protect lives and
property.
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
GIVE
QUARTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
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.
OUNDED
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.