lieutenant criticized a sergeant for taking a complaint from a man on behalf of his mother, who stayed in her vehicle outside the police station. Despite the fact that Ferguson policy requires that complaints be taken "from any source, identified or anonymous," the lieutenant stated "I would have had him bring her in, or leave." In another instance, a City employee took a complaint of misconduct from a Ferguson resident and relayed it to FPD. An FPD captain sent an email in response that the City employee viewed as being "lectured" for taking the complaint. The City Manager agreed, calling the captain's behavior "not only disrespectful and unacceptable, but it is dangerous in [that] it is inciteful [sic] and divisive." Nonetheless, there appeared to be no follow-up action regarding the captain, and the complaint was never logged as such or investigated.
While official FPD policy states clearly that officers must "never attempt to dissuade any citizen from lodging a complaint," FPD General Order 301.3, a contrary leadership message speaks louder than policy. This message is reflected in statements by officers that indicate a need to justify their actions when they do accept a civilian complaint. In one case, a sergeant explained: "Nothing I could say helped, he demanded the complaint forms which were provided." In another: "I spoke to [two people seeking to make a complaint]… but after the conversation, neither had changed their mind and desired still to write out a complaint." We saw many instances in which people complained of being prevented from making a complaint, with no indication that FPD investigated those allegations. In one instance, for example, a man alleging significant excessive force reported the incident to a commander after being released from jail, stating that he was unable to make his complaint earlier because several different officers refused to let him speak to a sergeant to make a complaint about the incident and threatened to keep him in jail longer if he did not stop asking to make a complaint.
Some individuals also fear that they will suffer retaliation from officers if they report misconduct or even merely speak out as witnesses when approached by someone from FPD investigating a misconduct complaint. For instance, in one case FPD acknowledged that a witness to the misconduct was initially reluctant to complete a written statement supporting the complainant because he wanted no "repercussions" from the subject officer or other officers. In another case involving alleged misconduct at a retail store that we have already described, the store's district manager told the commander he did not want an investigation—despite how concerned he was by video footage showing an officer training his gun on two store employees as they took out the trash—because he wanted to "stay on the good side" of the police.
Even when individuals do report misconduct, there is a significant likelihood it will not be treated as a complaint and investigated. In one case, FPD failed to open an investigation of an allegation made by a caller who said an officer had kicked him in the side of the head and stepped on his head and back while he was face down with his hands cuffed behind his back, all the while talking about having blood on him from somebody else and "being tired of the B.S." The officer did not stop until the other officer on the scene said words to the effect of, "[h]ey, he's not fighting he's cuffed." The man alleged that the officer then ordered him to "get the f*** up" and lifted him by the handcuffs, yanking his arms backward. The commander taking the call reported that the man stated that he supported the police and knew they had a tough job but was reporting the incident because it appeared the officer was under a lot of stress and needed counseling, and because he was hoping to prevent others from having the experience he did. The
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