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

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1683
November 12, 2020
Complaint: The Office of Police Oversight received a signed affidavit alleging the following:
"The law slammed me and did me wrong he probably kicked me or some because the next
day I was bruised up and I was injured badly my hip done is poppin out and I can't bend
over, stretch run or when I try to sleep it hurts my elbow is hurting to and my whole left
side was all bruised up I'm just a teenager they shouldn't had did that he was being racist
he slammed me most likely kicked me or some threw me to the ground and mess up my
hip and elbow"
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.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty or off-duty may reflect directly upon the Department,
employees must conduct themselves at all times in a manner which does not bring reproach,
discredit, or embarrassment to the Department or to the City.
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
AUTHOR
OFFICE OF
NOTICE OF FORMAL
1839
POLICE OVERSIGHT
COMPLAINT
FOUNDED
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.
OUNDED
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.