September 1, 2021

Formal complaint: De-escalation of potential force encounters, Assessment and de-escalation, Response to resisitance, Determining the objective reasonableness of force, and other policy violations

The complainant alleges that Austin police officers have been harassing her. The complainant also alleges that Austin police officers used excessive force against her and made her sit in a hot vehicle for hours while handcuffed. OPO recommends this complaint receive a B classification.

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NOTICE OF FORMAL COMPLAINT ICMS #: 2021-0881 September 1, 2021 Complaint: The complainant alleges: I dialed 911 after being struck in my back afer drove and parked behind me. I talk to 2 female dispatchers who ask me to wait on ambulance. Note: Police been harassing since brutal attack at left me hurt bad. Note: 911 call left me on hold when I dialed at first. I then ran to who were not their then next I was headed to .” “Officer treated me ruff and I never seen the ambulance. I was compliant and they treated me like a game regarding my injury and the situation they treated me ruff made me sit in hot car for hours the hand cuffs were tight they asked me question without reading me my miranda rights the Lady.” “These are two separat situation but forming one. One happened back in were Police Beat me down in the parking lot on camera for several minutes they lied and said I assaulted them then dropped the case down to a risisting arrest then next they still retaliating even making my bond high and interfering with my case. APD has been around me all year beating me up and hurting me because my color when is it going to stop. I fear for my life around them. Some are practicing marshall law. 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. 200.2.1 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. NOTICE OF FORMAL COMPLAINT 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. 200.3.1 DETERMINING THE OBJECTIVE REASONABLENESS OF FORCE Any interpretation of objective reasonableness about the amount of force that reasonably appears to be necessary in a particular situation must allow for the fact that police officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving, and the amount of time available to evaluate and respond to changing circumstances may influence their decisions. The question is whether the officer's actions are "objectively reasonable" in light of the facts and circumstances confronting him. 208.3 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. 208.4.5 MULTIPLE APPLICATIONS OF THE TASER DEVICE Only one officer shall deploy their TASER Device on an individual unless it is obvious the deployment was not effective. 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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