January 7, 2022

Formal complaint: Impartial attitude and courtesy and other policy violations

Complainant alleges that Austin police officers were called to the scene because the complainant was assaulted. Complainant alleges the officers did not take the complainant and their injury seriously. OPO recommends this complaint receive a B classification.

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NOTICE OF FORMAL COMPLAINT The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. ICMS #: 2021-1263 January 7, 2022 Complaint: The complainant alleges: Complainant called 911 because his roommate assaulted him. 3 APD officers responded and the complainant reported to officers that he initially did not feel pain. Complainant stated he told the officers his head started to hurt while they were on scene. Complainant alleges that the officers then told him it was "weird" that he reported no pain at first. Complainant feels the officers on scene did not take him seriously or believe him as the victim. Complainant reports roommate is back and should have been arrested the night of the incident. 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): 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. 418.4 EMERGENCY PROTECTIVE ORDERS Officers shall offer all victims of family violence the opportunity to file an EPO. NOTICE OF FORMAL COMPLAINT The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. (b) Officers shall file a motion for an EPO on the victim's behalf in all other family violence arrests when: 1. The victim wishes to have an EPO filed; or 2. The victim is unable or refuses to file and the officer has sufficient reason to believe it is imperative to the safety of the victim to file an EPO. (c) The reason why the suspect will be a further danger to the victim shall be documented on a motion for an EPO and included in the incident report. 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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