April 20, 2021

Formal complaint: When department issued BWC system use is required and other policy violations

Complainant alleges that her son was treated disrespectfully while being arrested, and that officers "slammed his face into the wall during booking and broke his tooth." The Office of Police Oversight recommends that this allegation receive a B 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 #: 2020-0100 April 20, 2021 Complaint: Ms. , complainant, alleges that her son, , was treated disrespectfully while being arrested. Complainant alleges an officer laughed in her son's face and told him he was being arrested for one thing, then booked him for something else. Complainant further alleges officers slammed his face into the wall during booking and broke his tooth. This notice of formal complaint is a request for Internal Affairs to initiate an investigation in order 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): 303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED All units responding to a scene shall activate their department issued BWC equipment when they (1) Arrive on-scene to any call for service; (2) Have detained or arrested a person; (3) Are attempting to detain or arrest a person; (4); By the nature of the call for service, are likely to detain or arrest a person; or (5) Any consensual contact in which the employee or a citizen believes activation of the BWC would be in the best interest of the community. 900.4.3 NEGLECT OF DUTY Employees will satisfactorily perform their duties. 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. (4). Any property which the employee takes possession of, clearly documenting the: (a) events that led up to the taking possession of the property; (b) purpose for taking the property; (c) identification of the property and/or description; (d) location where the property was taken; (e) complete identifiers, as available, for anyone who may claim ownership of the property. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO recommends that this allegation receive a B classification.
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