Notice of complaint related to 2023-0170
The complainant alleges that Austin police officers did not respond appropriately to a domestic violence incident, arresting the complainant, repeatedly searching her, and failing to provide access to medical treatment.
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CITY
LUBERT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
March 3, 2023
ICMS #: 2023-0170
On February 28, 2023, the OPO received a phone complaint.
The complainant alleges: She has been in an abusive relationship for a number of years
and police have been called several times in different cities. The same partner with whom
she has been in a relationship for seven years has been taking her car, stalking her, and
stealing her mail. The complainant's apartment has repeatedly been broken into. The
complainant was contacted by a detective 2 years ago, but her iPhone was hacked, and she
could not call him back. The complainant made 5 or 6 police reports regarding missing
items and documents. On
she had enough of her ex harassing her. The complainant
got into an argument with her ex and was trying to get her keys back. The complaint went
into the living room and her ex threw her to the floor, pinned her down, choked her and
told her he was going to kill her. The police were called and two officers responded. The
complainant asked if she could get water and an ice pack and one of the officers said yes.
She felt the other officer was being very aggressive toward her. The aggressive officer
asked her to show where the pain was, and when she lifted her shirt to show him, she saw
the flashlight go toward her stomach and groin area. The complainant was afraid to tell the
officer that her ex had choked her and threatened to kill her for fear of what the ex might
do. The complainant was arrested. One of the officers made it easy to talk and the one
that arrested her was aggressive. The complainant asked if she could use the bathroom and
one of the officers said yes but leave the door open. When she was out of the bathroom
the officer searched her but groped her right breast and put her in handcuffs. She asked if
she could take the methadone with her and he said yes. As they were leaving the apartment
she asked if she could take her purse and the officer said no. When they got downstairs,
he searched her again and she told him she has been in handcuffs the whole time and he
had already searched her. The officer told her this time was a frisk. The officer opened the
methadone box and questioned the name on the paperwork. The complainant does not
know why the officer was treating her this way. Once she got to the station the complainant
asked another officer if she could use the bathroom. The officer said yes but this time close
the door--which made her feel the arresting officer had communicated to him what
happened. She feels that everything was off. She has epilepsy and the nurse at the jail said
her meds were ok but she was never given the meds. The complainant thinks she had a
OF
CHILL
LUSTIN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
seizure while she was in jail. When she was arrested the complainant asked the officer if
she could take her nicotine gum and he said no.
This notice of complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.