Complainant alleges Austin police officers violated policy during a traffic stop during which the complainant was handcuffed incorrectly, resulting in injury. The Office of Police Oversight recommends that this allegation receive an A classification.
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NOTICE OF FORMAL
ICMS #: 2020-1046
September 3, 2020
submitted a complaint by phone to the Office of Police Oversight
stating that officers pulled him out of his vehicle, screamed at him, and handcuffed him incorrectly,
which caused him hospital bills, nerve damage, and the loss of use of his hands for a month.
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.
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 . . . If not
documented in a report, officers will document their justification for handcuffing a detainee for a
limited investigation, with a Street Check/Field Interview report.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
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.