September 7, 2021

Formal complaint: Impartial attitude and courtesy, When department issued BWC system deactivation is authorized

The complainant alleges that Austin police officers broke down his front door, entered his home, and ordered his family to come outside without cause. The complainant also alleges that he and his wife were hit in the face during the incident. OPO recommends this complaint receive a B classification.

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NOTICE OF FORMAL COMPLAINT ICMS #: 2021-0914 September 7, 2021 Complaint: Complainant alleges that shortly after returning home from work, APD officers began loudly banging on the complainant’s door. Complainant alleges that APD officers did not initially say who they were, and when the complainant looked out the peep hole of the door, the door hit the complainant in the face. The complainant alleges that officers ordered the residents of the house outside. When the complainant refused and asked why officers ordered the individuals outside, the officers did not say. Later, the complainant alleges that APD officers broke down the front door to get inside. Prior to breaking the door down, the complainant alleges that officers said on the radio that the door was already open when it was not. Complainant further alleges that after officers broke down the door, the complainant and his wife were hit and taken outside. The complainant alleges that his wife has bruises from the incident. Once outside, asked officers why they were doing this. Officers allegedly ignored and taunted . At one point, alleges that officers sat in their car with their headlights shining on the complainants. Officers were also allegedly waiving their hands at the complainants during this time. Later, the complainants allege that they asked for a supervisor to respond to the scene. APD officers were allegedly reluctant to call for a supervisor. Eventually, the complainants allege that a supervisor did arrive to the scene and took pictures of everything including the broken door and bruises. alleges that since this incident, his children and wife have been traumatized. They have also had trouble sleeping. The complainants are now also fearful of police and retaliation. 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 NOTICE OF FORMAL COMPLAINT 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. 303.3.3 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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