April 30, 2021

Formal complaint: Assessment and de-escalation and other policy violations

Complainant alleges they were falsely accused of hurting someone before being arrested. The Office of Police Oversight recommends that this allegation receive a B 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 #: 2021-0180 April 30, 2021 Complaint: filed a complaint with the Office of Police Oversight alleging the following: “On the date I got arrested I had got into a debate w/ the so-called victim when the police were called. When they put me into the car, I guess the officers or victim falsely accused me of hurting someone when no one at the scene was taken to the hospital. They said I hit somebody." 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): 200.2.1 ASSESSMENT AND DE-ESCALATION As officers arrive on the scene, observe conditions, and interact with the persons there, they should continue to gather additional relevant information and facts. These assessments, along with reasonable inferences help to develop an understanding of the totality of the circumstances of the incident. 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. 206.5.2 VERBAL WARNINGS A verbal announcement of the intended use of the kinetic energy projectile should precede its application unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. (a) The purpose of the warning is for the following: 1. Provide the individual with a reasonable opportunity to voluntarily comply. 2. Provide other officers and individuals with warning that a kinetic energy weapon may be deployed. 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.

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