Formal Complaint: Determining the Objective Reasonableness of Force

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-1511
December 10, 2020
Complaint: The Office of Police Oversight received a complaint from an anonymous caller
alleging: In
two officers, an Officer
and Officer
arrived at the
complainant's house looking for a dog. The dog was not at her house. The officer asked to come
in her house and because of the officer's aggressive attitude she did not want them to come inside.
Officer
grabbed the complainant's wrist very hard, pressing her watch into her wrist. The
complainant screamed loudly. The officers would not let her reenter her home. She tried to enter
another part of the home and Officer
grabbed her wrist as well. She ran inside and
was very upset. She has photos of the swelling and bruising that occurred on her left wrist from
the incident. She also has a ring video of parts of the incident. She feels traumatized by the
experience. She complained directly to the police and felt they did not take it seriously. She does
not think police should manhandle citizens this way.
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):
200.3.1 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.
200.3.2 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
(c) To make an arrest or conduct a search under a warrant that the officer reasonably
believes is valid.
200.3.3 NOTICE OF AUTHORITY AND IDENTITY
If it is not already reasonably known by the subject to be searched or 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 (Tex. Penal Code § 9.51(a)(2)).
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
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. If a juvenile is in custody related to the incident, the juvenile should not be interviewed
unless the juvenile has been brought before a magistrate.
(a) Involved employees shall notify their supervisor as soon as practicable of any force
incident or allegation of use of force
211.5 DESIGNATION OF SUPERVISOR TO CONDUCT INQUIRY
The supervisor of the employee involved in the force incident shall typically be the primary
supervisor conducting the force inquiry.
A
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 a B classification.
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.