November 20, 2020

Formal Complaint: Impartial Attitude and Courtesy, When Department Issued BWC System Is Required, Handcuffing Detainees

Complainant alleges that Austin police officers mistreated an individual while detaining them. The Office of Police Oversight recommends that this allegation receive a B classification.

PDF Content

Disclaimer: The following text was extracted from the PDF file to make this document more accessible. This machine-generated content may contain styling errors due to redactions. In some instances, text may not load if the original file is a scanned image or has not been made searchable. For the full version of the document, please view the PDF.

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 #: 2020-1235 November 20, 2020 Complaint: Complainant alleges: and in the parking lot of a gas station/ convenience store. It seemed there was an awful lot of police presences. There was a . He was handcuffed, then was taken out of the handcuffs to stretch and then handcuffed again. He was very upset and the white officers were just standing around. It was 8 or more white officers standing around 1 black man. Why did they stop him? Did they stop him because he was black and in our neighborhood? That is not right. What was going on? I want to know. Did they get him mental health help if he needed it? Did they get him food? Why were so many officer surrounding him like that? 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): 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. 303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED This section is not intended to describe every possible situation where the system may be used. In some circumstances it may not be possible to capture images of an incident due to conditions or location of the camera, however the audio portion can be valuable evidence and is subject to the same activation requirements. The BWC should only be activated for law enforcement purposes. 318.3.1 HANDCUFFING DETAINEES As a practice, officers should not handcuff lawfully detained individuals. However, situations may arise where it may be reasonable to handcuff a lawfully detained individual . . . Officers should weigh the safety interests of all involved individuals against unreasonable intrusion upon a detainee when deciding to place handcuffs on a detainee. Unless arrested, handcuffing detainees at the scene of a search warrant should continue for only as long as is reasonably necessary to ensure the safety of officers and others. 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 Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO recommends that this allegation receive a B classification.
feedback

Did you find what you were looking for on this page?