Complainant alleges that APD officers may have used excessive force with her and her son, which "resulted with 3 of his teeth being knocked out." The OPO recommends that this allegation receive an A classification.
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NOTICE OF FORMAL
ICMS #: 2019-1015
January 13, 2020
, complainant, alleges that Austin Police Department officers
may have used excessive force with her and her son, stating as follows: “APD officers were
extremely rough with my son and resulted with 3 of his teeth being knocked out. My son suffers
with brain damage caused by a stroke when he was young. My son was not resisting and the
officers used excessive force with him and myself.”
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 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.
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.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an A classification.