Queja formal: Desescalada de posibles encuentros de fuerza, respuesta a resistencia, responsabilidades del empleado para todos los incidentes de todos niveles de fuerza, y otras violaciones a políticas

OF
CITY
AUSTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0972
October 4, 2021
Complaint: The complainant alleges:
"Thrown to the ground by an officer on a horse while trying to avoid being hit by horse.
I
saw officers coming by on
and the moment I realized it was too late to walk
away I held and ducked my head in between officers as they were riding by but instead a
officer grabbed my shirt and yanked me on the ground as if I was a criminal. I did
nothing wrong I was just letting the officers go by on the horses and was assaulted."
This notice of formal 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.
Recommended Administrative Policies to Review (to include but not limited to):
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 de-escalation 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.
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.
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
AURTH
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.
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.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint 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.