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HomeMy WebLinkAbout09-05POLICE CITIZENS REVIEW BOARD A Board ofthe City of Iowa City 410 East Washington Street Iowa City IA 522401826 319 3565041 p February 17 2010 0 Vic rn To City Council 0CitizenrO Actin Ci Mana erDaleHellinggtyg Sam Hargadine Chief of Police Cs Officers involved in complaint r ut From Police Citizens Review Board Re Investigation ofPCRB Complaint 09OS This is the Report ofthe Police Citizens Review Boards the Board review ofthe investigation of Complaint PCRB 09OS the Complaint BOARDS RESPONSIBILITY Under the City Code of the City ofIowa City Section 887B 2 the Boards job is to review the Police Chief s Report Report of his investigation of a complaint The City Code requires the Board to apply a reasonable basis standard ofreview to the Report and to give deference to the Report because of the Police Chief s professional expertise Section 887 B 2 While the City Code directs the Board to make Findings of Fact it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are unsupported by substantial evidence are unreasonable arbitrary or capricious or are contrary to a Police Department policy or practice or any Federal State or local law Section 887 B 2 a b c BOARDSPROCEDURE The Complaint was initiated by the Citizen on June 30 2009 As required by Section 885 B of the City Code the Complaint was referred to the Chief ofPolice for investigation The Chief s Report was completed on September 23 2009 and was filed with the City Clerk on September 23 2009 The Board met to consider the Chiefs Report on October 13 November 3 December 11 2009 January 19 and February 17 2010 At the October 13 2009 meeting the Board voted to review the Chief s Report in accordance with Section 887 B 1 d Request additional investigation by the Police Chief or City Manager or request police assistance in the Boards own investigation Page 1 FINDINGS OF FACT On June 29 2009 at about 1151 pm Officers A and B responded to areport ofan exboyfriendat the residence who was yelling and threatening the Complainant The Complainant requested that officers come to the residence and remove the subject Upon arrival Officers A and B met with the Complainant and the exboy friend the Citizen After investigating the incident the officers determined that the Citizen had assaulted the Complainant prevented her from summoning police and operated her vehicle without consent They subsequently arrested the Citizen for Simple Domestic Assault Obstructing Emergency Communications and Operating a Vehicle without OwnersConsent The Citizen was taken into custody The Citizen was upset and immediately complained about the handcuffs stating that they were on too tight and were hurting him In response to his complaint the officers checked the handcuffs on the Citizen They asked the Citizen to hold still for a minute and determined that the handcuffs were on correctly The Citizen requested to see a doctor and was taken to UIHC Emergency Treatment Center for evaluation and treatmetThe Citizen was given Ibuprofen for inflammation and soft tissue bruising and for thain c7 ALLEGATIONS Allegation 1 Officer A did not take responsibility for the safety and protectiortheitiz while he was under arrest and in his custody did not treat him humanely and subcted n to unnecessary restraint bpplyinghandcuffs too tightly to his wrists Violation of IowatyPolice Rules Regulations Section 3458 Arrests and Section 34509Custody of Prisoners Both Officers A and B stated they were able to put a finger inbetween the handcuffs and the Citizens wrists at the scene In car audio showed that Officer A made this same statement to the Citizen when he was complaining about how tight the handcuffs were Officer A checked the handcuffs again when they arrived at the jail and was able to put a finger between the Citizens wrists and the handcuffs This is an accepted law enforcement practice to ensure handcuffs are not on too tight There was no evidence that either Officer A or Officer B failed to take responsibility for the safety and protection ofthe Citizen failed to treat the Citizen humanely or subjected him to unnecessary restraint by applying the handcuffs too tightly to his wrists thus violating ofIowa City Police Rules Regulations Section 3458 Arrests and Section 34509 Custody of Prisoners NOT SUSTAINED Allegation 2 Officer A did not take responsibility for the safety and protection of the Citizen while he was under arrest and in his custody did not treat him humanely and subjected him to unnecessary restraint by failing to loosen handcuffs around his wrists in a timely manner after being advised they were too tight Violation of Iowa City Police Rules Regulations Section 3458 Arrests and Section 34509Custody of Prisoners Page 2 The Citizen was placed in handcuffs at approximately 1216 amand began to complain about the handcuffs being placed on too tight The Citizen made a very distressed moaning type ofsound indicating that he was upset prior to complaining about the handcuffs Officers A and B both checked the handcuffs for proper fit as soon as the Citizen began to complain about them The Citizen was taken to the Johnson County jail where he again began to complain about the handcuffs being on too tight Officer A checked the handcuffs on the Citizen again when they amved at the jail and even though the handcuffs had been properly applied loosened them for the Citizen The Citizen requested to be seen by a doctor and was taken to UIHC at about 1249 amThe Citizen was handcuffed for approximately 33 minutes total The Citizens handcuffs were checked twice and he was taken to UIHC to receive medical attention as per his request There is no evidence that shows that either officer violated Iowa City Police Rules Regulations Section 3458 Arrests and Section 34509Custody ofPrisoners NOT SUSTAINED Allegation 3 Officer A did not take responsibility for the safety and protection ofthe Citizen while he was under arrest and in his custody did not treat him humanely and subjected him to unnecessary restraint by causing inflammation soft tissue brusin and pain in his carpal area Violation ofIowa City Police Rules Regulations Section 3458 Arrests and Section 34509 Custody of Prisoners The Citizen requested to be seen by a doctor and was taken to UIHC at about 1249 amThe Citizen was handcuffed for approximately 33 minutes total The Citizen was handcuffed in compliance with accepted law enforcement practices to ensure handcuffs are not on too tight Handcuffs by their nature are not comfortable The Citizens handcuffs were checked twice and he was taken to UIHC to receive medical attention as per his request Even though the Citizen was given Ibuprofen for inflammation soft tissue brusin pain in his carpal area There is no evidence to suggest that the officers violated Iowa City Police Rules Regulations Section 3458 Arrests and Section 34509 Custody ofPrisoners NOT SUSTAINED COMMENT The Iowa City Police Citizens Review Board did examine records and listened to the recording from the police car as part of their investigation into this complaint N ac C3a r t5s Page 3 N r