January 22, 2018

Formal complaint: Response to resistance, determining the objective reasonableness of force

Complainant alleges that three unknown officers assigned to the Downtown Area Command (DTAC) attacked him, breaking five ribs and causing him to have a punctured lung. Office of Police Oversight recommend 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 ICMS: 2019-0091 Date of Complaint: 01/22/2018 Complaint: The Office of Police Oversight received a complaint from [Redacted] alleging that on [Redacted] three unknown officers assigned to the Downtown Area Command “DTAC” attacked him, breaking five ribs and causing him to have a punctured lung. [Redacted] has provided the OPO with photographs, witness statements, and hospital documentation, which will be submitted on a thumb drive. Administrative Policy to Review: 200 Response to Resistance 200.3.1 Determining the Objective Reasonableness of Force Any interpretation of objective reasonableness about the amount of force that reasonably appears to be necessary in a particular situation must allow for the fact that police officers are often forced to make split- second decisions in circumstances that are tense, uncertain and rapidly evolving, and the amount of time available to evaluate and respond to changing circumstances may influence their decisions. The question is whether the officer's actions are "objectively reasonable" in light of the facts and circumstances confronting him. 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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