August 24, 2021

Formal complaint: De-escalation of potential force encounters, Response to resistance, and When department issued BWC system deactivation is authorized

The complainant alleges that an Austin police officer was disrepectful and used excessive force on her teenaged son when he refused to allow the officer to search the vehicle. The complainant also alleges that the officer's behavior was racially motivated. OPO recommends this complaint receive a B classification.

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NOTICE OF FORMAL COMPLAINT ICMS #: 2021-0873 August 24, 2021 Complaint: The complainant alleges: displayed excessive use of force when my teenage son told him no he could not search vehicle after officer responded to a suspicious vehicle (young Black male) in community. was also rude and disrespectful to me and my daughter concerning picking up my vehicle after he manhandled and hand cuffed my son. He is CLEARLY racist and should not be patrolling Black communities enforcing Jim crow laws. My son is in juvenile for having a gun I told him to keep for his protection against klanish people. We came here visiting but hunted like slaves when we get here.” This notice of formal complaint is a request for Internal Affairs to initiate an investigation 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 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. 200.3 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. 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. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO recommends this complaint receive a B classification.
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