September 21, 2021

Formal complaint: Impartial attitude and courtesy, When department issued BWC system deactivation is authorized, Handcuffing detainees, and other policy violations

The complainant alleges that Austin police officers were rude and used excessive force with no cause. The complainant also alleges that the officers followed them due to racial profiling. 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 #: 2021-0940 September 21, 2021 Complaint: The complainant alleges: I have no clue as in why I was arrested they charged me with public intoxication, these officers followed me and the person I was with the first. They racially profiled him, also the second time going back they followed me again. They was very rough with me, they slammed me on the police vehicle. I am physically bruised by this whole incident with these officers. It was more than one officer that surrounding me. These officers told me that I couldn’t go back into the location to get the person that rode with me, they refused my rights to walk freely. I felt like I wasn’t even a human. All I was trying to do was go get the person that came with me downtown so we could leave a second time but they did not let me do that. This arrest could’ve been prevented if they wasn’t following myself and the person that was with me that night. I feel harassed. 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. 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. 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. 318.3.1 HANDCUFFING DETAINEES (e) If not documented in a report, officers will document their justification for handcuffing a detainee for a limited investigation, with a Street Check/Field Interview report. 1. Officers will check “detained” in the Reason field dropdown list. 2. Officers will justify handcuffing the detainee in the Remarks field. 321.3.1 GENERAL GUIDELINES (f) While transporting a prisoner in a vehicle equipped with an MAV device, officers shall have the rear seat camera activated, or the front camera activated and faced toward the prisoner. 328.3.2 REQUIRED DOCUMENTATION Every member of the Department is required to document and report to the Department any detention, frisk, search, nonconsensual stop and/or arrest of a person. Officers shall document the following information in the appropriate fields of an incident report, field release citation, warning, field observation card or electronic street check. 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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