September 4, 2019

Formal complaint: Neglect of duty

Complainant alleges officer on the scene of a disturbance failed to fully complete their duties. Office of Police Oversight recommend that this allegation receive a A classification.

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Formal complaint: Neglect of duty (PDF 452.23KB)

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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 ICMS #:2019-0915 September 17, 2019 Date of Complaint: September 4, 2019 Complaint: Complainant alleges that officers on the scene failed to serve and protect. Officer [Redacted], responded to a disturbance hotshot. Officer observed two people with injuries, and both of the individuals said they were attacked. Through the investigation, Officer discovered that the people involved in the assault live together. Officer may have violated department policy by not taking the appropriate actions. Administrative Policy to Review: 900.4.3 Neglect of duty (a) Lack of knowledge of the application of laws required to be enforced. 418.2.1 Arrest requirement for assaultive offenses (a) Officers are required to make an arrest for incidents involving family violence when: 1. An assault has occurred that resulted in a minimum of bodily injury or complaint of pain; or where an officer can articulate facts from which a reasonable person could infer that the victim would have felt pain due to: (a) The manner in which the suspect made contact with the victim, or (b) The nature of observable physical marks on the suspect’s body allegedly caused by the suspect’s contact with the victim, and 2. The suspect is still on-scene; and 3. The assault meets the definition of “family violence” or “dating violence” 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.
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