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
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
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
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
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.