November 12, 2020

Formal complaint: Response to resistance, Verbal warnings, Multiple applications of the TASER device, and other policy violations

Complainant alleges that plainclothed Austin police officers did not identify themselves, which caused the complainant to resist arrest, and led to multiple injuries. The Office of Police Oversight 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-1521 November 12, 2020 Complaint: Complainant, , filed a complaint alleging the following: “I was approached by (2) males n all black attire, not stating nor knowing they were cops.. I panicked therefore a chase insued, which lead to being tazed.. upon being on the ground, 2 males jumped on my kneck and back. (1) officer . . . then struck me several times with a closed and tight fist, resulting in busted mouth and continuing headaches. I went to hospital.” 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): 200.3 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. 208.3 VERBAL WARNINGS A verbal announcement of the intended use of the TASER Device shall precede its application unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. 208.4.5 MULTIPLE APPLICATIONS OF THE TASER DEVICE Only one officer shall deploy his TASER Device on an individual unless it is obvious the deployment was not effective. 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, color, race, religion, age, political beliefs, sexual orientation, gender identity or gender expression or social or ethnic background. 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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