HomeMy WebLinkAbout09-05POLICE CITIZENS REVIEW BOARD
A Board ofthe City of Iowa City
410 East Washington Street
Iowa City IA 522401826
319 3565041
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February 17 2010 0
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Sam Hargadine Chief of Police Cs
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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
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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
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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
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