Formal complaint: De-escalation of potential force encounters, Response to resistance, and other policy violations

OF
GIVE
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0147
March 12, 2021
Complaint: Complainant alleges: APD Officer
(possible badge number, was not given
one)#
falsely arrested me on a public intoxication charge. I suffer from a heart
condition that can cause fainting and extreme confusion afterwards. I had fainted and was trying
to recover from the episode when someone called the police. Officer
chose to handcuff
me and then drag me, across my knees to the cop car. I was complying fully the entire time. He
destroyed my knees, the skin is gone from one knee and they are severely bruised and bleeding.
He was also grabbing my arms SO hard that my wrists are severely swollen and bruised as well. I
was taken to the ER and even after being confirmed that I was having a heart episode, and the ER
did not diagnose any form of intoxication, I was still taken to jail and treated like a common
criminal. I am a white collar tech worker who weighs about 100 lbs. I should never have been
brutalized in this manner and the arrest was made under false pretenses to begin with. You should
expect to hear from my lawyer soon. APD is an absolute joke of a police department and I am
ashamed to say that I live in Austin after this experience.
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):
200.2 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.
(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.
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
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
may influence their decisions. The question is whether the officer's actions are "objectively
reasonable" in light of the facts and circumstances confronting him.
900.4.1 DISCRETION AND REQUIREMENT TO TAKE ACTION
Sworn employees are charged with the responsibility to enforce the law, preserve the peace, and
to protect lives and property.
(a) By itself, the mere fact that a minor violation of the law has occurred may not be
sufficient reason to justify arrest. Laws generally serve as the tools officers use to
protect residents' rights and to maintain peace in the community.
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 B 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.