Formal Complaint: Duty to Intercede, De-Escalation of Potential Force Encounters, and other policy violations

OF
CITY
ALUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0035
February 5, 2021
Complaint: The complainant,
alleges: The complainant is a bar manager on 6th
street and had a patron who got physical with him. He attempted to restrain the individual and
another individual also attempted to get physical with him and they were also restrained. The
complainant said once police arrived there was no effort to establish command presence and he
was pepper sprayed in the face. The complainant is upset that force was escalated toward him and
that the officers did not do anything to break up the fight. The complainant requested to speak with
a supervisor and wanted to get the badge number of the individual who pepper sprayed him in the
face. The complainant waited 26 or 27 minutes for the badge number and name of the officer who
escalated force against him. The supervisor,
did not give him
the information he requested multiple times. He also let Corporal
know that he would like
to file a complaint on the officer. Corporal
said he does not do that and that he could call
the Office of Police Oversight.
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):
200.1.3 DUTY TO INTERCEDE
Any officer who observes another officer using force shall intercede to prevent further harm if the
officer knows that the force being used is not objectively reasonable and the officer has a
reasonable opportunity to prevent the harm. Such officers must also promptly report these
observations to a supervisor.
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.
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.
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.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
206.4.3 TREATMENT FOR CHEMICAL AGENT EXPOSURE
Subjects who have been affected by the use of chemical agents should be afforded means of
cleansing the affected areas as soon as practicable. Those subjects who complain of further severe
effects shall be afforded a medical examination by competent medical personnel.
211.4.1 EMPLOYEE REPORTING GUIDELINES FOR ALL FORCE LEVEL INCIDENTS
The following outlines the reporting guidelines for involved employees, employees that witness
an incident and employees designated to assist at the scene of any response to resistance incident.
301.2 IMPARTIAL ATTITUDE AND COURTESY
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, financial status, sex, creed, COIOI,
political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
303.3 DEPARTMENT ISSUED BODY WORN CAMERA
BWC equipment is to be used primarily by uniformed personnel as authorized per assignment by
the Department and must be used unless otherwise authorized by a Commander or above.
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.
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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.