Formal complaint: Response to resistance

CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2019-1192
Complaint:
Complainant
,
alleges he was initially struck by one Austin Police Department
Narcotics Officer followed by being struck by other Narcotics officers when he was
attempting to get on the ground as instructed by one of the officers, when "1 of the officers
struck me in my face while other officers begin to strike me everywhere and I lost
consciousness." Mr.
also alleges that the officers used excessive force and "left
critical information out of" affidavits."
A
Administrative Policy to Review:
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.
(a) Assessment shall be ongoing - As the circumstances of a situation change, the
force necessary to affect a detention, arrest, search, or transportation of a subject
or to protect officer or other persons from imminent harm may also change.
Officers will therefore need to re-evaluate their determination of the appropriate
response to resistance as circumstances change.
(b) Officer Discretion - Understanding that no order can realistically predict every
situation an officer might encounter, it is recognized that each officer must be
entrusted with well-reasoned discretion in determining the objectively
reasonable response to resistance in each incident.
(c) Improvising Permitted - Circumstances may arise in which officers reasonably
believe that it would be impracticable or ineffective to use a standard tool,
weapon, or method provided by the Department. Officers may find it more
effective or practicable to improvise their response to rapidly unfolding
conditions they are confronting. In such circumstances, the use of any
improvised device or method must still be objectively reasonable and used only
to the extent which reasonably appears necessary to accomplish a legitimate law
enforcement purpose.
(d) Injury to Officer Not Required - While it is the ultimate objective of every law
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
CHICK
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
enforcement encounter to minimize injury to everyone involved, nothing in this
order requires an officer to actually sustain physical injury before applying
objectively reasonable force.
(e) 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.
200.3.2 USE OF FORCE TO AFFECT A DETENTION, AN ARREST OR TO CONDUCT A
SEARCH
An officer is justified in using reasonable force when the officer reasonably believes the use
of such force is immediately necessary (Tex. Penal Code § 9.51 (a)):
(a)
To make or assist in a detention or an arrest, or to conduct a search that the
officer reasonably believes is lawful;
(b)
To prevent or assist in preventing escape after an arrest, provided the officer
reasonably believes the arrest or search is lawful; or
(b)
To make an arrest or conduct a search under a warrant that the officer
reasonably believes is valid.
900.3 GENERAL CONDUCT
This section contains the expectations and requirements of employee conduct, both on-
duty and off-duty, and causes for disciplinary action due to employee misconduct. This is
not intended to cover every possible type of misconduct and does not preclude the
recommendation of disciplinary action for specific action or inaction that is detrimental to
efficient Department service.
900.3.1 HONESTY
Honesty is of the utmost importance in the police profession. Employees are expected to be
truthful at all times in the performance of their duties.
(a)
Employees will speak the truth at all times and reflect the truth in all reports
and written communications. Any statement or omission of pertinent or
material information which intentionally misrepresents facts or misleads
others through an official statement will be considered a false official
statement. The following are examples of an "official statement":
1.
Documents prepared by an officer in connection with their official
duties, including but not limited to incident reports or supplements,
sworn affidavits, and citations.
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
2.
Verbal or written statements made by an officer in connection with
their official duties to:
(a)
An investigator conducting an administrative or criminal
investigation of the officer or another person's conduct.
(b)
A supervisor conducting an inquiry into the officer's use of
force.
(c)
A fact finder in an administrative, civil, or criminal proceeding
in which the officer testifies.
(b)
Employees who obtain their employment by willful misrepresentation or
false statements may be dismissed from the Department.
(c)
Employees will not attempt to conceal, divert, or mitigate their true
culpability in a situation, nor will they engage in efforts to thwart, influence,
or interfere with an internal or criminal investigation.
(d)
Employees will not use any improper or dishonest means to affect the
outcome of any official test, process, or procedure.
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.