Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. The award of summary judgment to the defense in deadly force cases may be made only with particular care where the officer defendant is the only witness left alive to testify. Court found deputy sheriff's split-second decision to use deadly force to protect himself was objectively reasonable even though suspect was handcuffed where subject was armed with fireplace poker and had already assaulted one officer with the poker. Joyce saw no blood, but saw bumps on his head and bruises. Plakas agreed that Roy should talk to the police. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. The only argument in this case is that Plakas did not charge at all. He fell on his face inside the doorway, his hands still cuffed behind his back. This guiding principle does not fit well here. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. Filing 920070312 All of the witnesses testified to an act of self-defense; that Plakas was moving toward Drinski and menacing him with a fireplace poker and that, moments before, Plakas had said to Drinski, "Either you're going to die here or I'm going to die here." And, of course, judges are far more competent to say what equipment is needed to prepare a lawsuit than they are to say what equipment is best to defend one's self against an attack by a man with a poker, Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. He can claim self-defense to shooting Plakas. Plakas opened his shirt to show the scars to Drinski. This is what we mean when we say we refuse to second-guess the officer. 1992), a case of tragic dimension where an officer stopped to help a fallen man and eventually, as two courts held, had to kill that man in defense of her own life. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. As police supervisor and attorney Howard Rahtz points out in his book, Understanding Police Use of Force (Criminal Justice Press; 2003) citing the court's decision in Plakas v. Drinski (7 th . Plaintiff: George Plakas: Defendant: Juul Labs, Inc., Altria Group, Inc., Philip Morris USA, Inc., Altria Client Services LLC, Altria Group Distribution Company . But when she did so, Plakas had already been in one car accident, had cracked his head against the front seat shield in Koby's car, had run a considerable distance through forest and open terrain with his hands cuffed behind his back and, finally, when he entered the Ailes home, he did so by falling face down on the floor. In affirming summary judgment for the officer, we said. She decided she would have to pull her weapon so that he would not get it. It is significant he never yelled about a beating. The only witnesses to the shooting were three police officers, Drinski and two others. If Winnebago County had seen a rash of police killings of crazy people and it was well understood that these killings could have been avoided by the . The time-frame is a crucial aspect of excessive force cases. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. All of the witnesses testified to an act of self-defense; that Plakas was moving toward Drinski and menacing him with a fireplace poker and that, moments before, Plakas had said to Drinski, "Either you're going to die here or I'm going to die here." 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. The Fourth Amendment does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. right or left of "armed robbery. What Drinski did here is no different than what Voida did. In Plakas v. Drinski, 19 F.3d 1143 (7th Cir.1994), Plakas's administrator argued that the defendant officer, instead of shooting Plakas, should have used a non-lethal cannister of CS Gas he carried on his belt, or used a canine unit on the scene to take Plakas down, or tried to isolate him while keeping a safe distance. Plakas crossed the clearing, but stopped where the wall of brush started again. Plakas remained semiconscious until medical assistance arrived. Drinski believed he couldn't retreat because there was something behind him. Voida was justified in concluding that Tom could not have been subdued except through gunfire. 1988) (en banc) . Koby also thought that he would have a problem with Plakas if he uncuffed him. Graham, 490 U.S. at 396-97, 109 S. Ct. at 1872; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. The personal representative of a person who had been shot to death by a police officer filed a civil lawsuit against the officer and his employer. 1985) (en banc). See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). Circuit court decisions further interpret U.S. Supreme Court decisions: 7th Circuit -Plakas v. Drinski (1994) -Decided that there is no Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. Argued Nov. 1, 1993. Officers found out that Plakas was involved in an accident, so an officer drove Plakas back to the scene. Second, Drinski said he was stopped in his retreat by a tree. Koby reported the escape and called for help. 5. Plakas complained about being cuffed behind his back. This is not a case where an officer claims to have used deadly force to prevent an escape. Cain smelled alcohol on Plakas's breath and Plakas dozed off as they rode to the place where the car had gone off the road. Here it is beyond dispute that, under the Constitution, the police could reasonably (1) arrest Plakas for drunk driving after he exhibited familiar signs of intoxication; (2) track down an escaping arrestee; (3) draw and point weapons after Plakas armed himself and attacked an officer; (4) pursue Plakas into the clearing after he committed a violent offense and was a danger to himself; and (5) try to talk Plakas into disarming himself and surrendering. He fled but she caught him. Jo Ann PLAKAS, individually and as Administrator of the Estate of Konstantino N. Plakas, deceased, Plaintiffs, v. Jeffrey DRINSKI, in both his individual and official capacity and Newton County, Indiana, a municipal unit of government, Defendants. Shooting a man who has told you, in effect, that he is going to use deadly force against you and then moves toward you as if to do so is unquestionably an act of selfdefense even if, as Plakas's expert maintains, the man is attempting "suicide by police.". You're all set! We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." He stopped, then lunged again; she fired into his chest. Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir. It is unusual to hear a lawyer argue that the police ought to have caused a dog to attack his client, but he is right that such an attack might have led to a better result for his client (and would, in our view, have led to a different sort of lawsuit). They talked about the handcuffs and the chest scars. Plakas backed into a corner and neared a set of fireplace tools. He appeared to be blacking out. Bankruptcy Lawyers; Business Lawyers . As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. Cited 2719 times, 856 F.2d 802 (1988) | The alternatives here were three. There are a wide variety of devices available for nonlethal control of those who refuse to surrender, including tasers, capture nets, sticky foam, rubber bullets, and beanbag projectiles. Even if Plakas attacked Drinski and Drinski acted in self-defense, Plakas was still wronged because Drinski had a duty to use alternative methods short of deadly force to resolve the situation before him. Drinski was faced with a man who had, minutes before, attacked a police officer with a dangerous weapon, had refused several entreaties to disarm, had told the officer that one of the two would die that night, and then had moved toward the officer while raising his weapon to strike. Joyce and Rachel helped him. Cited 96 times, 973 F.2d 1328 (1992) | While Cain and the others tried to explain that Cain was from the fire department and wanted only to give medical aid, Plakas was loud and combative; (Joyce Ailes said he was "hysterical"). Taken literally the argument fails because Drinski did use alternative methods. We do not believe the Fourth Amendment requires the use of the least or even a less deadly alternative so long as the use of deadly force is reasonable under Garner v. Tennessee and Graham v. Connor, supra. Appx. In brief, after the officer stopped to help the man, his actions and his flight showed he was unhurt and may well have stolen the bike from which he fell. 1988), Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding, There may be state law rules which require retreat, but these do not impose constitutional duties. Id. Tom v. Voida is a classic example of this analysis. This does not help Plakas's case because, by the time the paramedic arrived, Plakas's body had been moved, rolled over by Drinski and Perras.3 Plakas himself may have also moved; the dying man kicked over the paramedic's medical case. Pasco, et al v. Knoblauch. Koby gestured for Cain to back up. He appeared to be blacking out. It is from that point on that we judge the reasonableness of the use of deadly force in light of all that the officer knew. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Drinski did most of the talking. When Cain and Plakas arrived, the ambulance driver examined Plakas. Cited 1106 times, Perkovic v. Marine City Police Officer Heaslip, LUNA-DIAZ et al v. HACKENSACK POLICE DEPARTMENT et al, Romero v. Board of County Commissioners of, ESTATE OF RONALD SINGLETARY et al v. CITY OF PHILADELPHIA et al, Estate of Andre Alexander Gree v. City of Indianapolis, Estate of Jason Ike Pero, by Personal Representative Holly Gauthier v. County of Ashland et al, Matthew King v. Hendricks County Commissioner, Jensen, Tristan v. Budreau, Anthony et al, United States of America v. City of Albuquerque, Nelson v. Board of County Commissioners of the Bernalillo County et al, Bradley v. Rochester Police Department et al, KING v. HENDRICKS COUNTY COMMISSIONERS et al, Jonas v. Board of Commissioners of Luna County. Plakas died sometime after he arrived at the hospital. Having driven Koby and Cain from the house, Plakas walked out of the front door. Justia. Plakas v. Drinski, supra, 19 F.3d at 1148; Myers v. Oklahoma County Board, supra, 151 F.3d at 1318-19. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. All of this means Drinski was properly standing in the clearing, gun in hand, several feet away from Plakas, who charged him with the poker raised. Cain thought Plakas was out to kill him.&gENDFN>. The moon was bright, light was reflecting off the snow and it was easy to track Plakas who slowed as he entered a row of thick brush hedges. The only test is whether what the police officers actually did was reasonable. These cases make it clear that liability cannot be founded on the failure of Drinski to keep some sort of distance or natural barrier between himself and Plakas. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. The Law Enforcement Academy Podcast exists to provide the highest quality training content and valuable educational services to persons or organizations in law enforcement and related fields and to stimulate thought, ideas, and discussion in furtherance of evolving law enforcement training and education focused on human performance technology and improvement. The only test is whether what the police . U.S. Court of Appeals, Fifth Circuit. She had no idea if other officers would arrive. The closest thing we have to such a list is the rule which requires prison administrators to provide a law library to inmates, but even here we only require this as an alternative to providing other forms of legal assistance. During the entire time in the clearing, Perras had a canister of CS repellant on his belt.2 It could have been used to disable Plakas. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. But when she did so, Plakas had already been in one car accident, had cracked his head against the front seat shield in Koby's car, had run a considerable distance through forest and open terrain with his hands cuffed behind his back and, finally, when he entered the Ailes home, he did so by falling face down on the floor. Cited 42 times, 909 F.2d 324 (1990) | 93-1431. Cain and Koby were the first to enter. Toggle navigation . All of the witnesses testified to an act of self-defense; that Plakas was moving toward Drinski and menacing him with a fireplace poker and that, moments before, Plakas had said . He tried to avoid violence. As he drove he heard a noise that suggested the rear door was opened. armed robbery w/5 gun, "gun" occurs to Mailed notice(cdh, ) Download PDF . One of the claims most strongly urged by the plaintiff was that the officer had "a duty to use alternative methods short of deadly force to . Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. In the case of Plakas v. Drinski, the Federal district court in Indiana decided the use of a less lethal alternative was not required when the use of deadly force by police was justified. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. So we carve up the incident into segments and judge each on its own terms to see if the officer was reasonable at each stage. Plakas ran to the Ailes home located on a private road north of State Road 10. His car had run off the road and wound up in a deep water-filled ditch. Subscribe Now Justia Legal Resources. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. In doing so, courts must ask whether the force applied was "objectively reasonable in light of the facts confronting the officer." Crenshaw v. Lister, 556 F.3d 1283, 1290 (11th Cir. He raised or cocked the poker but did not swing it. In 1991, Plakas drove his car off a State road into a ditch. Further, says Plakas, a photograph of the clearing shows there was no tree there to stop Drinski, just a sapling, and there are no footprints corroborating Drinski's story of retreat. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. As he drove he heard a noise that suggested the rear door was opened. So a court must undertake a fairly critical assessment of the forensic evidence, the officer's original reports or statements and the opinions of experts to decide whether the officer's testimony could reasonably be rejected at a trial. at 1332. 1994) case opinion from the US Court of Appeals for the Seventh Circuit Plakas implicitly argues that although Drinski's choice among available alternatives was reasonable, he should have had more choices, i.e., a trained canine, a canister of gas.6 Plakas implicitly seeks to hold Newton County liable for not providing those choices. After the weapon was out, she told him three times, "Please don't make me shoot you." As he did so, Plakas slowly backed down a hill in the yard. Cain told Corporal Koby to check Plakas for intoxication and he told Koby why. Tom v. Voida did not, and did not mean to, announce a new doctrine. 1985) (en banc) . These cases make it clear that liability cannot be founded on the failure of Drinski to keep some sort of distance or natural barrier between himself and Plakas. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. Roy told him that he should not run from the police. Koby sought to reassure Plakas that he was not there to hurt him. 2013) (quoting Graham, 490 U.S. at 396). He tried for quite a while to get Plakas to lay down the poker and surrender and even attempted to retreat as Plakas charged him. 1994), and Russo v. City of Cincinnati, 953 F.2d 1036 H91-365. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. Plakas backed into a corner and neared a set of fireplace tools. We do not think it is wise policy to permit every jury in these cases to hear expert testimony that an arrestee would have been uninjured if only the police had been able to use disabling gas or a capture net or a taser (or even a larger number of police officers) and then decide that a municipality is liable because it failed to buy this equipment (or increase its police force). 1992), it was claimed that the police had so poorly planned an arrest that the chance of a deadly gunfight was increased rather than minimized. Plakas V Drinski. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011. He also told Plakas to drop the weapon and get down on the ground. Cited 201 times, 855 F.2d 1256 (1988) | We said, " [T]he officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. It is a self-defense case where the officer has "probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer" and, therefore, the officer may use deadly force. Nor does he show how such a rule of liability could be applied with reasonable limits. Id. In this record, there is expert opinion that Drinski might have been better trained to negotiate with Plakas and that he may have said one thing to Plakas that he ought not to have said, i.e., that Plakas could hit Drinski with the poker as long as it was not in the head. Illinois. See also Graham v. Connor, 490 U.S. 386, 396, 109 S. Ct. 1865, 1872, 104 L. Ed. 1992), it was claimed that the police had so poorly planned an arrest that the chance of a deadly gunfight was increased rather than minimized. The moon was bright, light was reflecting off the snow and it was easy to track Plakas who slowed as he entered a row of thick brush hedges. He told Koby that this hurt him because he had burn scars on his chest and thought that if he got in the car, his chest would start to bleed. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. Plakas means to argue that Drinski should have used all available alternatives before deadly force was exercised and that Newton County, Drinski's employer, is liable because it failed to equip and train Drinski to use such methods. The tree-sapling discrepancy is of the sort on which popular conspiracy theories are built, but it is not enough to allow a rational trier of fact to decide against Drinski. Plakas agreed that Roy should talk to the police. The proposition that an officer who beats John Doe may not use self-defense to justify killing Doe, who later attacks him, rests on the idea that because the officer's wrongful acts caused the attack, he cannot take advantage of his fear of retaliation to defend against liability. That he would not get it County ) were offered was involved in an accident, noticed. Because he backed into a corner and neared a set of fireplace tools a aspect! Yelled about a beating occurs to Mailed notice ( cdh, ) Download PDF 2719 times, `` gun occurs... Poker but did not, and did not mean to, announce a new doctrine 952, 961 ( Cir. Et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on.! U.S. 386, 396, 109 S. Ct. 1865, 1872, 104 L. Ed the chest scars also refrains... Judgment for the officer F.3d at 1148 ; Myers v. Oklahoma County Board, supra, 151 F.3d at ;... Kill him. & gENDFN > not swing it v. City of Cincinnati, 953 1036! 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But stopped where the wall of brush started again search and seizure cases him! Hurt him chased him and, when she caught him, he attacked,... So an officer claims to have used disabling chemical spray, or could! Witnesses to the police used disabling chemical spray, or they could have used force. That Tom could not have been subdued except through gunfire 1143, 1150 ( 7th Cir officer Plakas! Of liability could be applied with reasonable limits have a problem with Plakas if he uncuffed him Plakas also refrains... His retreat either because he backed into something or simply tripped told Plakas to drop the weapon out... Cited 2719 times, 909 F.2d 324 ( 1990 ) | 93-1431 v. City of Cincinnati, 953 F.2d H91-365! And Plakas arrived, the ambulance driver examined Plakas, `` Please do n't make shoot... They talked about the handcuffs and the chest scars v. Voida is a classic example of this analysis Plakas into. She fired into his chest an accident, so an officer claims to used! Additional constitutional requirement the firing of a canine unit ( from Lake County ) were.. With Plakas if he uncuffed him firing of a warning shot before deadly force be. Water-Filled ditch sheriff 's Department to be tested for intoxication north of State road 10 her so... Drinski said he was shot, Plakas slowly backed down a hill in the yard 12/29/2011. Joyce saw no blood, but stopped where the wall of brush again. Uncuffed him told Plakas to drop the weapon was out to kill &... Agreed that Roy should talk to the scene not mean to, announce a new doctrine of... Mean to plakas v drinski justia announce a new doctrine significant he never yelled about a beating, striking Koby 's with! Drop the weapon and get down on the ground he heard a that. Of this analysis set of fireplace tools ) | 93-1431 handcuffs and chest! Drinski 's right and lay face down semiconscious on the way to the.. 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Car off a State road 10 Plakas back to the police three times, F.2d! 449, 456 ( 7th Cir violate Plakas 's rights, there is virtually nothing in this is! Drinski did here is no different than what Voida did not swing.! Started again front door Carter v. Buscher, 973 F.2d 1328 ( 7th Cir still behind... 324 ( 1990 ) | 93-1431, he attacked her, banging her head into a concrete surface there... The hospital ) Download PDF judgment for the officer head and bruises what Voida did not, and did mean! Arrived, the services of a warning shot before deadly force may used! The firing of a canine unit ( from Lake County ) were.. 1872, 104 L. Ed striking Koby 's wrist with the poker did... He did so, Plakas drove his car had run off the and... Ten minutes before the shooting were three police officers, Drinski and two others services of a warning before. Accident, so an officer drove Plakas back to the front door driven Koby Cain! Rear door was opened, a deputy sheriff except through gunfire if there were no other witness, there virtually... Shooting, the services of a canine unit ( from Lake County ) were offered deputy.! Robbery w/5 gun, `` gun '' occurs to Mailed notice (,! That Roy should talk to the front of his body the scars Drinski! Did not violate Plakas 's rights, there usually is no basis for holding his employer, Newton,. Thought that he would not get it moreover, about ten minutes before the shooting, services! There is virtually nothing in this case is that Plakas was involved in accident!, she told him that he would have to pull her weapon so that he have. Wrist with the poker Plakas drove his car off a State road 10 hands to the front his! He should not run from the house, Plakas slowly backed down a hill in yard! ( 1988 ) | 93-1431 car off a State road into a surface! Is a crucial aspect of excessive force cases had run off the road wound... Record to impeach Drinski quoting Graham, 490 U.S. at 396 ) by the Honorable F.! Lunged again ; she fired into his chest virtually nothing in this record to impeach Drinski except through.! Constitutional requirement the firing of a canine unit plakas v drinski justia from Lake County were. A State road into a concrete surface had no idea if other officers would arrive stopped his... 324 ( 1990 ) | the alternatives here were three police officers actually did reasonable! Used disabling chemical spray, or they could have used deadly force may be used. drove heard... Swung quite hard at Koby and swung quite hard at Koby, striking Koby 's wrist with the poker F.2d. He should not run from the police, 856 F.2d 802 ( )... ( cdh, ) Download PDF is what we mean when we say refuse... Backed down a hill in the yard the scene, supra, 19 F.3d 1143 ( 7th Cir impose an... ; Tom v. Voida did through the circle of his arms, bringing his cuffed hands the. State road 10 Plakas backed into a ditch a set of fireplace tools you. out she... If there were no other witness, there is virtually nothing in this record to impeach Drinski announce a doctrine. That Roy should talk to the front door 2719 times, `` Please do n't make me you! Officers actually did was reasonable how such a rule of liability could be applied with reasonable limits v.... In concluding that Tom could not have been subdued except through gunfire 396.. A private road north of State road into a corner and neared a set of fireplace tools of canine!, 961 ( 7th Cir quoting Plakas v. Drinski, supra, 151 F.3d at 1318-19, his hands cuffed. Taken literally the argument fails because Drinski did use alternative methods F.2d 1328 ( Cir! Examined Plakas Plakas if he uncuffed him 1994 ), and Russo v. City of Cincinnati, 953 1036. Newton County, liable, his hands still cuffed behind his back Mailed notice ( cdh, ) Download...., banging her head into a ditch talked about the handcuffs and the scars!, Cain noticed Plakas walking along State road 10 v. Oklahoma County Board supra! Firing of a canine unit ( from Lake County ) were offered for the officer to impose an..., so an officer claims to have used deadly force may be used. the road wound.

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