Complainant alleges that Austin police officers used excessive force against him and his spouse when she was experiencing a mental health crisis, resulting in multiple injuries. The Office of Police Oversight recommends that this allegation receive an A classification.
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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.
NOTICE OF FORMAL
COMPLAINT
breath, and that she needed to go back inside of her home to work. She protested repeatedly the
pain in the shoulder from the use of force and the continuous injury to her sprained left wrist
from the handcuffs, all of which were part of the assault on her person leaving bruises all over
both arms. Additionally, the officers caused scrapes and cuts to her elbows, knees and ankles
from the pavement and from being barefoot throughout the entire incident.
also has a
bruised and sore right knee from it apparently being wrenched while being manhandled. The
bruises from the officers’ handprint were all over her.
Despite absolutely no crime or real emergency, none of this stopped the APD, including
the mental health unit, from their use of force.
hurt no one, committed no crime and
ended up bruised and traumatized from a police assault that put her against her will in a hospital
ER during the Austin Covid-19 pandemic.
Please investigate this incident for the police assault and abusive m
of police
authority that it was.”
This notice of form l
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Internal Affairs to initiate
vestigation in
order to determine if the employee con
hin compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rul
Recommended Administrative Policies to Review (to include but not limited to):
110.4.4 INSUBORDINATION
Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey
any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by
obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is
considered insubo
n whether done in or out of the supervisor's presence.
110.4.3 OBEDIENCE TO ORDERS
The Department is an organization with a clearly defined hierarchy of authority. This is necessary
because obedience of a superior's lawful command is essential for the safe and prompt performance
of law enforcement operations. This section also applies to orders received by an employee in the
field training program from a Field Training Officer (FTO).
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.
Nothing in this de-escalation policy requires an officer to place themselves in harm’s way to
attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers
may need to abandon de-escalation efforts after they have commenced. Understanding that no
policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable deescalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific officer
training that addresses de-escalation.
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.
NOTICE OF FORMAL
COMPLAINT
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.
301.1 PURPOSE AND SCOPE
All persons deserve protection by fair and impartial law enforcement and should be able to expect
similar police response to their behavior wherever it occurs. Employees will serve the public
through direction, counseling, assistance, and protection of life and property. Employees will be
held accountable for the manner in which they exercise the authority of their office or position.
Employees will re
he r h f d
d
l and perform their services
h honesty, sincerity,
courage, and sound judgment.
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees are expected to act professionally, treat all persons fairly and equally, and perform all
duties impartially, objectively, and equitably without regard to personal feelings, animosities,
friendships, finan
tatus, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used. In
some circumstances it may not be possible to capture images of an incident due to conditions or
location of the camera, however the audio portion can be valuable evidence and is subject to the
same activation requirements. The BWC should only be
d for law enforcement purposes.
321.1 PURPOSE AND SCOPE
Department values mandate that persons taken into custody will not be abused, and the individual
rights of prisoners must be protected at all times. Until arrested persons are accepted at the booking
facility, their care and custody shall be the responsibility of the arresting/transporting officers.
445.4.2 PEACE OFFICER EMERGENCY DETENTION
(a) The authority to apprehend a person by using the Peace Officer's Emergency Detention
(POED) is granted under the Tex. Health and Safety Code § 573.001. This type of custody is
protective rather than criminal in nature and does not constitute an arrest. A POED may be used
when:
1. The officer has reason to believe, and does believe, that the person is mentally ill; and
2. Because of that mental illness there is a substantial risk of serious harm to the person or
to others unless the person is immediately restrained; and
3. The officer believes that there is not sufficient time to obtain a warrant before taking the
person into custody.
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.
NOTICE OF FORMAL
COMPLAINT
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
1. Use loud, indecent, profane, harsh, derogatory language, or use belittling term in
any communications.
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.