July 14, 2021

Formal complaint: De-escalation of potential force encounters and other policy violations

Complainant alleges that he was attacked by Austin police officers while filming an interaction between the officers and the complainant's friend. After being attacked, the complainant alleges he woke up in the back of the cop car struggling to breathe, but was denied medical attention. OPO recommends this complaint receives an A classification.

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NOTICE OF FORMAL COMPLAINT 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. 200.2.1 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. 208.3 TASER DEVICE GUIDELINES - 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. 301.2 IMPARTIAL ATTITUDE AND COURTESY Employees shall provide equal and fair protection of all rights under local, state, and federal law for all members of the community. Law enforcement will be conducted in an impartial and equitable manner. In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees shall act professionally, treat all persons fairly and equally, and strive to interact with the community in a positive manner. Employees will perform all duties objectively and without regard to personal feelings, animosities, friendships, financial status, occupation or employment status, sex, disability status, housing status, mental health or ability, citizenship, language, national origin, creed, color, race, religion, age, political beliefs, sexual orientation, gender identity, gender expression, ethnicity, or social or ethnic background. Employees will endeavor to understand and respect cultural, national, racial, religious, physical, mental, and other differences. 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 NOTICE OF FORMAL COMPLAINT 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. 303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION IS AUTHORIZED Once the BWC system is activated it shall remain on until the incident has concluded or until deactivation is permissible in accordance with this order. 321.4.1 MEDICAL ATTENTION PRIOR TO BOOKING (a) Officers shall either request EMS or transport a person to an appropriate medical facility when any of the following criteria are present: 350.4 VEHICLE INVENTORY (d) All vehicle damage and personal property located during an inventory of a vehicle will be listed on the APD Wrecker/Impound Report, or documented using BWC by verbally narrating the observed damage to the vehicle, and inventory of contents, including property description and location. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO recommends this complaint receive an A classification.
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