August 3, 2021

Formal complaint: Purpose and scope, Impartial Attitude and Courtesy, Secure and identify witnesses, and other policy violations

Complainant alleges that Austin police officers inappropriately arrested his friend and used excessive force. OPO recommends this complaint receive a B classification.

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NOTICE OF FORMAL COMPLAINT ICMS #: 2021-0744 August 3, 2021 Complaint: The complainant alleges his mentally unstable friend, who lives in Austin in a , was bullied by a black male. Complainant alleges his friend was arrested for burglary of the place where he lives and was black and blue with bruises when he went to see him and he wants to know if the officers who arrested him did it. Complainant alleges his friend has prior convictions and APD is using that against him. Complainant alleges his problem with the police is that they make up charges in case one does not stick. Complainant alleges APD knows they are lying about the charges against his friend for burglary and aggravated assault with a deadly weapon. 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): 301.1 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 respect the rights of individuals and perform their services with honesty, sincerity, courage, and sound judgment. 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 NOTICE OF FORMAL COMPLAINT 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. 401.5 SECURE AND IDENTIFY WITNESSES Officers should attempt to locate any witnesses to an offense when warranted by the seriousness of the case. Since potential witnesses to an incident may be lost or the integrity of statements compromised with the passage of time, officers should take reasonable steps to promptly coordinate the following tasks with on-scene personnel. 402.2 INCIDENT REPORTING A well-written report can help make a case just as easily as a poorly written report can ruin a case. Employees have the responsibility to write clear, factual, and complete reports. 402.2.4 REPORT WRITING All reports shall accurately reflect: (1) the identity of the persons involved. (2) All pertinent information seen, heard, or assimilated by any other sense. (3) Any action(s) taken. 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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