Formal Complaint: Insubordination, Obedience to Orders, De-Escalation of Potential Force Encounters

OF
STATE
AUSTEN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS#: 2020-1240
October 20, 2020
Complaint: The Office of Police Oversight received a complaint from
stating as
follows:
"My wife
and I
report the unlawful assault and battery on
by Austin Police Department officers on
in our home at
This whole incident is an example of what the national
police reform movement is saying: the police are about controlling, not helping the public. This
was a crisis created by the police officers' misconduct during the response to our home.
As a result of APD's assault on our home, battery of my wife, and inhumane detention of
,
our lives have been turned upside down and virtually destroyed.
is a good
woman who is now suffering from PTSD symptoms as a result of this assault on her body and
personal freedom in our home. She no longer feels safe in her own home.
Around
and his partner arrived at
The first thing the police did upon me
opening the front door was to order me out of
my home and then to physically grab
partner pulled
out of our
home and handcuffed her after violently forcing her down to the ground in the threshold of our
front door. Against her pleas of pain and protest he dragged her to the patrol car. A third officer
assisted
partner in violently tackling her to the asphalt, throwing her into the car,
and slamming the door. It was sunny and 94 degrees and the car was hot with no air
conditioning and the handcuffs were chafing
sprained left wrist.
Only then did
begin to ask me what was going on. But the damage was
already done as
anxiety, ADHD and past history of domestic trauma all welled up
after she was beaten, shackled, and locked up in a hot patrol car with no air conditioning.
In the course of the police assault and restraint,
shoulder was twisted by an
officer, her sprained wrist further injured, she was forced to the ground in front of our front door
and yet again on the asphalt outside the patrol car and then dragged to the ambulance.
The arrival of a Mental Health team police was ineffective as they, too, could not
separate police brutality from care for the human being to whom they were responding, just like
all the other involved police officers. They completed the disaster of this assault and battery by
imposing an emergency detention order on an innocent person.
after about two and one half hours, was transported in police custody to the
where she was double-shackled and forcibly sedated. After eighteen hours of
detention, she was released at
after being evaluated by a internet psychiatrist from
is an innocent person who was understandably terrified and distraught over
the police officers' abuse to her body and the loss of her personal freedom. She was
manhandled, shackled, confined and removed from her own home. She believes and wants
to report this incident as an assault and battery by all the police officers involved.
I
explained to the police the stress
was under from her grad school
work and that confining her was causing her distress. I told the police she was not a threat to me,
the public or herself. She told them repeatedly that they were hurting her, that she could not
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
KUMA
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
breath, and that she needed to go back inside of her home to work. She protested repeatedly the
pain in the shoulder from the use of force and the continuous injury to her sprained left wrist
from the handcuffs, all of which were part of the assault on her person leaving bruises all over
both arms. Additionally, the officers caused scrapes and cuts to her elbows, knees and ankles
from the pavement and from being barefoot throughout the entire incident.
also has a
bruised and sore right knee from it apparently being wrenched while being manhandled. The
bruises from the officers' handprint were all over her.
Despite absolutely no crime or real emergency, none of this stopped the APD, including
the mental health unit, from their use of force.
hurt no one, committed no crime and
ended up bruised and traumatized from a police assault that put her against her will in a hospital
ER during the Austin Covid-19 pandemic.
Please investigate this incident for the police assault and abusive m
of police
authority that it was."
This notice of for
Internal Affairs to initiate
estigation in
order to determine if the employee con
in compliance of APD policy, Civil Service
Rules, and Municipal Civil Service R
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 insubordmation Defying the authority of any supervisor by
obvious disrespect,
respectful conduct, ridicule, or challenge to orders issued is
considered insub
n whether done in or out of the supervisor's presence.
110.4.3 OBEDIENCE TO ORDERS
The Department is an organization with a clearly defined hierarchy of authority. This is necessary
because obedience of a superior's lawful command is essential for the safe and prompt performance
of law enforcement operations. This section also applies to orders received by an employee in the
field training program from a Field Training Officer (FTO).
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.
Nothing in this de-escalation policy requires an officer to place themselves in harm's way to
attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers
may need to abandon de-escalation efforts after they have commenced. Understanding that no
policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable deescalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific officer
training that addresses de-escalation.
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
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.
301.1 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 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 r
e
and perform their services
honesty, sincerity,
courage, and sound judgment.
301.2 IMPARTIAL ATTITUDE
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, final
tatus, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
303.3.1 WHEN DEPART
SUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used. In
some circumstances It may not be possible to capture images of an incident due to conditions or
location of the camera, however the audio portion can be valuable evidence and is subject to the
same activation requirements. The BWC should only b
d
for law enforcement purposes.
321.1 PURPOSE AND SCOPE
Department values mandate that persons taken into custody will not be abused, and the individual
rights of prisoners must be protected at all times. Until arrested persons are accepted at the booking
facility, their care and custody shall be the responsibility of the arresting/transporting officers.
445.4.2 PEACE OFFICER EMERGENCY DETENTION
(a) The authority to apprehend a person by using the Peace Officer's Emergency Detention
(POED) is granted under the Tex. Health and Safety Code § 573.001. This type of custody is
protective rather than criminal in nature and does not constitute an arrest. A POED may be used
when:
1. The officer has reason to believe, and does believe, that the person is mentally ill; and
2. Because of that mental illness there is a substantial risk of serious harm to the person or
to others unless the person is immediately restrained; and
3. The officer believes that there is not sufficient time to obtain a warrant before taking the
person into custody.
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
1439
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
1. Use loud, indecent, profane, harsh, derogatory language, or use belittling term in
any communications.
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.