December 8, 2021

Formal complaints: De-escalation of potential force encounters and other policy violations

The complainant alleges some Austin police officers used excessive force against the complainant, resulting in injuries. OPO recommends this complaint receive a B classification.

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NOTICE OF FORMAL COMPLAINT 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. ICMS #: 2021-1102 December 8, 2021 Complaint: The complainant alleges: Computer work and enjoying adult beverages with my dog at when excessive force was used against me causing injury and PTSD. Medical staff punctured my arm multiple times with a needle causing severe pain and I became unconscious. I have a known medical condition of becoming unconscious when blood is being withdrawn from my body. I was punched in the chest leaving a dark bruise and chest pain. My entire body is bruised from the incident and I’ve been experiencing severe body pain and PTSD. blood was seized without my consent and a warrant was not presented by the APD officer who threatened to arrest me at the hospital. I received a bill today for the incident that took place at at the . Government corruption, bribery, drug trafficking, money laundering, and criminal activity at the !! APD officers are being paid off by business operators ( Weekends Fri-Sat are horrible!!! APD cops allow everyone to smoke marijuana, snort and smoke drugs, asset community members, drink excessive alcohol, and break the law!!!! TABC needs to shut this place down ASAP!!! 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): 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. 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. 200.3.1 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 NOTICE OF FORMAL COMPLAINT 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. 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 them. 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 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. 309.5.2 MEDICAL CONDITIONS Officers observing persons whom they believe to be intoxicated are reminded that certain medical conditions can be mistaken for intoxication. Officers should ask the individual about any current medical conditions as well as check for a medical identification bracelet or other similar item that may indicate the person has a medical issue. Any detainee who exhibits signs of possible acute alcohol intoxication (alcohol poisoning) or other serious medical condition shall be evaluated by Emergency Medical Services. If responding medical personnel determine that the individual requires transportation to a hospital for further treatment, officers may assist, but shall not transport the intoxicated person themselves. If the person is not being charged with a crime and does not pose an immediate threat to medical personnel, there is no need for officers to follow medical personnel to the medical facility. Identifiable symptoms of acute alcohol intoxication may include: (a) Unconsciousness or semi consciousness (b) Repeated episodes of vomiting (c) Vomiting while sleeping or passed out and not waking after vomiting (d) Inability to walk or stand 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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