Formal Complaint: Insubordination, Responsibility to Know and Comply, Duty to Give Aid and Medical Care

OF
DATE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1622
November 9, 2020
Complaint: The Office of Police Oversight received an online complaint from
alleging the following: I dialed 911 and asked if a police and ambulance could come to apartments
located on
My son reported e was jumped on by 8 men, car stolen, and was thrown in
dumpster. My purpose for call was to report incident and to allow my son injuries to be assessed.
African American police said he would cite my son for something small like intoxication even
tough he was not SO that e could come down. The white officer was very aggressive and put cuffs
too tight cutting trough skin on both wrist. Me and my spouse asked repeatedly for cuffs to be
taken off or loosen up. It was at this point my son was treated like a criminal instead of a victim. I
then asked black officer to please tell the white officer to loosen the cuffs. My son was already in
a lot of pain and traumatized from the traumatic event e experienced. he made it to
on
& was jumped on that night. After black office told white officer to loosen cuffs the
white officer placed our son in i vehicle. My son told us the white office said racial slurs to while
transporting to
We was lied to about my son would call us, never was allowed
to call us. We was lied to my son injuries (deep opening left side of chin, chest, back, and head)
would be looked at, never looked at. Spoke with a provider, she stated my son would be properly
taken care of, but he was not. She lied like son received proper care. I am a
and protocol was not followed. Not only was my son treated like a criminal, my son
was
not treated with dignity. My son reported while in custody four other white officers called him
& using racial slurs
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):
110.4.4 INSUBORDINATION
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.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
200.5.2 DUTY TO GIVE AID AND MEDICAL CARE
Prior to booking or release, medical assistance shall be obtained for any subject who has
sustained visible injury, expressed a complaint of injury or continuing pain or who has been
rendered unconscious. Based upon the officer's initial assessment of the nature and extent of the
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
GIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
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subject's injuries, medical assistance may consist of examination by fire personnel, paramedics,
hospital staff or medical staff at the jail.
If any individual refuses medical attention, such a refusal shall be fully documented in related
reports and, whenever practicable, should be witnessed by another officer and/or medical
personnel. If an audio recording is made of the contact or an interview with the individual, any
refusal should be included, if possible.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
F
The OPO recommends that this allegation receive an B classification.
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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.