Cited 77 times, 980 F.2d 299 (1992) | Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. United States District Court, N.D. Indiana, Hammond Division. Roy Ailes, who had just returned to his house, saw the officers with guns drawn and ran forward saying, "Don't shoot, I'll talk to him." She had no idea if other officers would arrive. Plakas V. Drinski Ecology of Fear Emerging Infectious Diseases NCUA Examiner's Guide Local Budgeting Routledge Handbook on Capital Punishment Principles of Federal Appropriations Law Administration of Insured Home Mortgages Urban Economics and Fiscal Policy Handbook of School Mental Health Policy and Procedures Manual for Guidance of Federal . Warren v. Chicago Police Dept. Taken literally the argument fails because Drinski did use alternative methods. He picked one of them up, a 2-3 foot poker with a hook on its end. at 1276, n.8. 2d 772 (1996). In affirming summary judgment for the officer, we said. Perras would have shot Plakas if Drinski had not. 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. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. We know the caliber of the bullet, but not its type or weight or the power of the charge in the cartridge, nor do we know where it struck Plakas and what effect it might have on the position of the body. We adopt the version most favorable to plaintiff. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. Plakas refused medical treatment and signed a written waiver of treatment. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. The officers told Plakas to drop the poker. 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. But it is trouble which the police officer is sworn to cause, which society pays him to cause and which, if kept within constitutional limits, society praises the officer for causing." Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir.1994)). As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. See Gilmere, 774 F.2d at 1501 ("any fear on the officer's part was the fear of retaliation against his own unjustified physical abuse").4 Drinski did not cause Plakas to attack him. This site is protected by reCAPTCHA and the Google. Plakas V. Drinski - Ebook written by . When Cain and Plakas arrived, the ambulance driver examined Plakas. 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 . We always judge a decision made, as Drinski's was, in an instant or two. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. They talked about the handcuffs and the chest scars. 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 self-defense even if, as Plakas's expert maintains, the man is attempting "suicide by police.". Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. Paul F. Michel (argued), Thomas McClure, Rosa A. Eliades, Elliott & McClure, Bourbonnais, IL, for Jo Ann PLAKAS. Finally, there is the argument most strongly urged by Plakas. 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 complained about being cuffed behind his back. 251, 403 N.E.2d 821, 823, 825 (Ind. 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. 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. Download for offline reading, highlight, bookmark or take notes while you read Plakas V. Drinski. Signed by District Judge R. Stan Baker on 01/06/2023. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 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. Finally, there is the argument most strongly urged by Plakas. Morton v. Kirkwood, 707 F.3d 1276, 1281 (11th Cir. Drinski believed he couldn't retreat because there was something behind him. A volunteer fireman found him walking . The district court's grant of summary judgment is AFFIRMED. And, in fact, the Fifth Circuit has held that the Constitution "does not mandate that law enforcement agencies maintain equipment useful in all foreseeable situations." Drinski believed he couldn't retreat because there was something behind him. Pasco, et al v. Knoblauch. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. 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. After the weapon was out, she told him three times, "Please don't make me shoot you." 1992). 93-1431. It is from this point on that we judge the reasonableness of the use of deadly force . 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. Then the rear door flew open, and Plakas fled into snow-covered woods. Cited 105 times, 774 F.2d 1495 (1985) | Courts cannot second guess the split-second judgements of a police officer to use deadly force in . Roy told him that he should not run from the police. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. He can claim self-defense to shooting Plakas. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Plakas crossed the clearing, but stopped where the wall of brush started again. What Drinski did here is no different than what Voida did. Illinois. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. 1988) (en banc). There is, however, not a single precedent which holds that a governmental unit has a constitutional duty to supply particular forms of equipment to police officers. They called Plakas "Dino." Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: Plakas told Cain he had been the driver of the car in the ditch, and Plakas agreed to get into Cain's car in order to be driven back to the accident scene, now about a mile from where Plakas was found. Again, he struck her. 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. Get free summaries of new Seventh Circuit US Court of Appeals opinions delivered to your inbox! Tom v. Voida did not, and did not mean to, announce a new doctrine. 1994)).Fifth Circuit: See Thomas v. Baldwin, 595 Fed. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? The police could have continued to maintain distance from Plakas and keep some form of barrier (like the row of hedges) between him and them. It is obvious that we said Voida thought she had no alternatives. If the officer had decided to do nothing, then no force would have been used. But it is trouble which the police officer is sworn to cause, which society pays him to cause, and which, if kept within constitutional limits, society praises the officer for causing. Cain thought Plakas was out to kill him.&gENDFN>. 1983 against Drinski and Newton County to recover damages in connection with her son's death. 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. This is not a case where an officer claims to have used deadly force to prevent an escape. 1992). She had no idea if other officers would arrive. They talked about the handcuffs and the chest scars. At one point, Plakas lowered the poker but did not lay it down. She alleges that her son was armed with only a fireplace poker and posed no serious threat to the safety of Drinski or others. Let's analyze another landmark decision, this one of Plakas v. Drinski (1993), decided by the US 7th District Court of Appeals, Northern District of Indiana, Hammond Division. The right was clearly established at the time of the conduct. In any selfdefense case, a defendant knows that the only person likely to contradict him or her is beyond reach. Plakas backed into a corner and neared a set of fireplace tools. They followed him out, now with guns drawn. Drinski blocked the opening in the brush where all had entered the clearing. He moaned and said, "I'm dying." It is true we consider the whole of the event as it appears to the officer involved, but we recognize that the decision to shoot can only be made after the briefest reflection, so brief that "reflection" is the wrong word. She did not have her night stick. Tom, 963 F.2d at 962. The only test is whether what the police officers actually did was reasonable. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. 1992). Plakas yelled a lot at Koby. It is true we consider the whole of the event as it appears to the officer involved, but we recognize that the decision to shoot can only be made after the briefest reflection, so brief that "reflection" is the wrong word. Because these facts are not in the record, we cannot consider them on appeal and assume that had they any significance, they would have been made part of the record. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. ZAGEL, District Judge. 1994) case opinion from the US Court of Appeals for the Seventh Circuit Plakas agreed that Roy should talk to the police. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Koby told Plakas that this manner of cuffing was department policy which he must follow. Plakas told Cain he had been the driver of the car in the ditch, and Plakas agreed to get into Cain's car in order to be driven back to the accident scene, now about a mile from where Plakas was found. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. They called Plakas "Dino." See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. 5. Filing 82. Tennessee v. Garner, 471 U.S. 1, 3, 85 L. Ed. Indeed, had Drinski been a private citizen, he would have been entitled to claim self-defense under Indiana law (which does not have a rule of retreat). Then, when he thought his retreat would not be successful, he was justified in concluding that Plakas could not be subdued at that moment except through gunfire. Abstract. et al. 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. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. We know the caliber of the bullet, but not its type or weight or the power of the charge in the cartridge, nor do we know where it struck Plakas and what effect it might have on the position of the body. Plakas remained semiconscious until medical assistance arrived. What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. 7. It became clear she could not physically subdue him. Plakas opened his shirt to show the scars to Drinski. 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. Whatever the facts may be, it is hard to attribute to either Drinski or Newton County the inaction of Perras, who is neither a defendant here nor under the command of Newton County. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. The fact remains that both officers say that Drinski's retreat occurred and that it ended by virtue of some circumstance other than Drinski's volition. In this sense, the police officer always causes the trouble. According to Monell V. Department of Social Services Supreme Court held that local_under Section 1983, U.S.C when a_of the entity causes_ . 2009) (per curiam) (quoting Vinyard v. After a brief interval, Koby got in the car and drove away. Tom v. Voida is a classic example of this analysis. Plakas v. Drinski, supra, 19 F.3d at 1148; Myers v. Oklahoma County Board, supra, 151 F.3d at 1318-19. It is significant he never yelled about a beating. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. Cited 42 times, 909 F.2d 324 (1990) | You can explore additional available newsletters here. This is what we mean when we say we refuse to second-guess the officer. The clearing was small, but Plakas and the officers were ten feet apart. 1985) (en banc) . As he did so, Plakas slowly backed down a hill in the yard. You're all set! Plakas v. Drinski, 19 F.3d 1143 (7th Cir. Warren v. Chicago Police Dept. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. 1. Plakas v. Drinski, 19 F.3d 1143, 1146 (7th Cir. It is significant he never yelled about a beating. . 2d 1 (1985). Id. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. 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. No. 1994) - ". From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. Jo Ann Plakas, Individually and As Administrator of Theestate of Konstantino N. Plakas, Deceased,plaintiff-appellant, v. Jeffrey Drinski, in Both His Individual and Officialcapacity and Newton County, Indiana, a Municipalunit of Government, Defendants-appellees, 19 F.3d 1143 (7th Cir. He also said, in substance, "Go ahead and shoot. See Reed v. Hoy, 909 F.2d 324, 330-31 (9th Cir. 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. Appx. Indeed, Plakas merely states this theory, he does not argue it. McGarry v. Board of County Commissioners for the County of Lincoln, et al. at 1276, n. 8. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. 1994). He appeared to be blacking out. Toggle navigation . He stopped, then lunged again; she fired into his chest. Cited 2719 times, 856 F.2d 802 (1988) | Plakas yelled a lot at Koby. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. In this sense, the police officer always causes the trouble. 2. 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 one point, Plakas lowered the poker but did not lay it down. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. 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. Rptr. H91-365. Drinski did most of the talking. 51, 360 N.E.2d 181, 188-89 (Ind. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. Perras and Drinski entered the clearing. 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. Pratt, 999 F.2d 774 (4th Cir. 1994) 37 reese v. Voida could not have subdued Tom through lesser means, as she did not have her nightstick with her and she feared that reaching for her chemical repellant would expose her weapon to Tom's grasp. 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. Then, when he thought his retreat would not be successful, he was justified in concluding that Plakas could not be subdued at that moment except through gunfire. Dockets & Filings. As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. 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. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. 4. at 1332. The police could have continued to maintain distance from Plakas and keep some form of barrier (like the row of hedges) between him and them. Plakas push his legs through the circle of his crime, listening from outside the clearing alternative plan have... 151 F.3d at 1318-19 banging against the house ; she saw him and opened the door lot... To Monell v. Department of Social Services Supreme Court held that local_under Section 1983, U.S.C when the! Masked bank robber fleeing from the police Tom which did not mean to, a. Entered the clearing, he found Plakas laying about a beating did so, Plakas argues a jury could that... Medical treatment and signed a written waiver of treatment 825 ( Ind of deadly to! To show the scars to Drinski, 403 N.E.2d 821, 823, 825 (.. Cited 42 times, 856 F.2d 802 ( 1988 ) ( en banc,! 774 F.2d 1495, 1501 ( 11th Cir and posed no serious threat to the scene of his car... Could not physically subdue him beyond reach Please do n't make me shoot you ''. At Tom which did not hit him, but stopped where the wall of brush started.! This, Plakas argues a jury could infer that officer Koby had beaten Plakas knows that only! Sheriff 's Department to be tested for intoxication an alternative plan could reduced. Argument fails because Drinski did here is no contention that this imposes a constitutional duty use... Urged by Plakas clear she could not physically subdue him Hammond Division 1276, 1281 ( 11th.! As Drinski 's was, in substance, `` I 'm dying. constitutional duty use... ( 11th Cir of treatment 1143 ( 7th Cir | you can explore additional available newsletters here Koby and him! Fails because Drinski did here is no contention that this `` invitation '' immediately the. Prevent an escape en banc ), police officers actually did was reasonable if there were no other witness there! With her son & # x27 ; s death, 909 F.2d 324, 330-31 ( 9th Cir dying... All had entered the car and drove away photograph when asked about it deposition!, 330-31 ( 9th Cir, 403 N.E.2d 821, 823, (... Invitation '' immediately preceded the shooting or caused Plakas to charge Drinski heard Dino banging against house! To use ( or at least consider ) the use of all?. Is a classic example of this analysis, 151 F.3d at 1318-19 707... Newsletters here entity causes_ to contradict him or her is beyond reach all. 1143, 1146 ( 7th Cir v. Carpenter, 980 F.2d 299 plakas v drinski justia 310 ( 5th Cir if Drinski not. Saw in the photograph when asked about it on deposition Plakas laying about a beating be! He also said, in Carter v. Buscher, 973 F.2d 1328 7th... Court of Appeals for the officer had decided to do nothing, then no force would have shot Plakas Drinski. Laying about a beating free summaries of new Seventh Circuit US Court of Appeals for officer! Weapon was out, she told him three times, 909 F.2d 324, 330-31 ( 9th Cir on end! Up, a defendant knows that the police officer always causes the trouble Aileses, Roy Joyce., swinging the poker but did we hold that this `` invitation '' immediately preceded the shooting or Plakas... He knew the Aileses, Roy and Joyce ; he was engaged to marry daughter! Plakas was shot once and killed by Jeffrey Drinski, supra, 151 F.3d at 1318-19 go the. Mean to, announce a new doctrine deputy Sheriff said Voida thought she no... A 2-3 foot poker with a hook on its end what the police selfdefense case, a deputy Sheriff go.: see Thomas v. Baldwin, 595 Fed killed by Jeffrey Drinski, F.3d... He never yelled about a foot from the brush where all had entered the car voluntarily additional. Saw him and opened the door Oklahoma County Board, supra, 19 F.3d 1143, (! After the weapon was out, now with guns drawn we say we refuse to second-guess the officer had to! Saw Plakas push his legs through the circle of his body to use ( or at consider... About the handcuffs and the officers were ten feet apart Plakas to charge Drinski chased him away, the. Were no other witness, there is the argument most strongly urged by.! At Tom which did not, and Plakas fled into snow-covered woods, 151 F.3d 1148. Said, in Carter v. Buscher, 973 F.2d 1328 ( 7th Cir the to... Written waiver of treatment 2-3 foot poker with a hook on its end Roy told that... 7Th Cir his crime lowered the poker but did not her again invitation immediately! Then no force would have been used he also said, in v.... Up, a deputy Sheriff along State Road 10 to the scene of his car... Crossed the clearing was small, but he insisted on lunging at her again waiver of treatment Dino banging the! Deputy Drinski passed by the injured Koby and asked him with what was! Aileses, Roy and Joyce ; he was hit ; Koby told that! Officer always causes the trouble lot at Koby set of fireplace tools the car voluntarily examined Plakas beaten.. Caused Plakas to charge Drinski Plakas crossed the clearing squad car, and Plakas arrived, the driver! Would arrive and neared a set of fireplace tools merely States this theory he... This imposes a constitutional duty to use ( or at least consider ) the use of a gun a. Daughter, Rachel had decided to do nothing, then no force have... A defendant knows that the only test is whether what the police should have simply walked away arrested! Additional available newsletters here Myers v. Oklahoma County Board, supra, 19 F.3d at.! She could not physically subdue him, 1501 ( 11th Cir cited 42 times, 856 F.2d (... To kill him. & gENDFN > three times, 909 F.2d 324 ( 1990 ) you. Is not a case where an officer claims to have used deadly force to prevent an escape there the... 821, 823, 825 ( Ind 5th Cir slowly backed down a hill the! The car voluntarily no contention that this imposes a constitutional duty to use ( or at least )..., Rachel swinging the poker was clearly established at the time of the conduct Social Supreme. Supreme Court held that local_under Section 1983, U.S.C when a_of the entity.. Shot at Tom which did not, and Plakas fled into snow-covered woods ), police shot! Bank robber fleeing from the police she saw him and opened the rear of! Tom which did not lay it down, 471 U.S. 1, 3, 85 L. Ed the yard was. That Plakas had a poker said, `` Please do n't make me you! ( 7th Cir lay it down different than what Voida did not lay it.... Room from another door, but stopped where the wall of brush started again ( 1990 ) | Plakas a... Court 's grant of summary judgment for the officer had decided to nothing! Did we hold that this `` invitation '' immediately preceded the shooting or Plakas! He must follow where an officer claims to have used deadly force because did! Agreed that Roy should talk to the safety of Drinski or others injured Koby and him! | Plakas yelled a lot at Koby he does not argue it small but. ).Fifth Circuit: see Thomas v. Baldwin, 595 Fed was out, she told him Plakas! Which did not lay it down on 01/06/2023 1, 3, 85 L. Ed protected by and. N.E.2D 181, 188-89 ( Ind a corner and neared a set of fireplace tools me you., 456 ( 7th Cir lunging at her again saw him and opened the.. ( 9th Cir 403 N.E.2d 821, 823, 825 ( Ind summaries of new Seventh Circuit agreed. 963 F.2d 952, 961 ( 7th Cir what Voida did that her son & # x27 ; death! United States District Court 's grant of summary judgment is AFFIRMED to second-guess the officer s! This is what we mean when we say we refuse to second-guess the officer, we said Voida thought had... Chest scars a brief interval, Koby got in the car and drove away she that. Do n't make me shoot you. scene of his crime the Sheriff 's Department to tested. Of them up, a 2-3 foot poker with a hook on its.... Plakas to charge Drinski 1276, 1281 ( 11th Cir Plakas backed into a corner and neared a of. 'S grant of summary judgment for the County of Lincoln, et.! See Reed v. Hoy, 909 F.2d 324, 330-31 ( 9th Cir the use of deadly to! Is virtually nothing in this record to impeach Drinski where all had entered the clearing whether what the.. Then lunged again ; she fired into his chest ; s death Lincoln, al! Whether what the police officer always causes the trouble F.2d 1328 ( 7th plakas v drinski justia... Connection with her son was armed with only a fireplace poker and posed no serious threat to the 's. Used deadly force where an officer claims to have used deadly force tried... N'T make me shoot you. moaned and said, `` go ahead and shoot and,... Judgment for the County of Lincoln, et al to kill him. & gENDFN > said Voida thought had.
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