Koby spoke to Plakas who had some difficulty communicating the fact that he did not have his driver's license (which he had surrendered as bond for a traffic ticket he received in Illinois). 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." Mailed notice(cdh, ) Download PDF . Twice the police called out, "Halt, police," but the plaintiff may not have heard. 1988) (en banc). And there is no reason to discount the testimony of Trooper Perras; he is neither a defendant himself nor employed by the defendant Newton County. As Plakas moved toward Drinski, was he supposed to think of an attack dog, of Perras's CS gas, of how fast he could run backwards? As he drove he heard a noise that suggested the rear door was opened. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." 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_ . 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"). This inference, however, cannot reasonably be made. Actually, the photograph is not included in the record here. Plakas turned and faced them. 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. The police gave chase, shouting, "Stop, Police." King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. Cited 42 times, 909 F.2d 324 (1990) | 34-1-14-6 (West 1983), bars Drinski and fellow officers, Buddy King, David Koby, and other deputies, officers, and employees of Newton County, Indiana from testifying to any statements or occurrences which took place . At one point Plakas pointed the poker at Drinski and said, "Either you're going to die here or I'm going to die here." Drinski believed he couldn't retreat because there was something behind him. Taken literally the argument fails because Drinski did use alternative methods. 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. Our answer is, and has been no, because there is too little time for the officer to do so and too much opportunity to second-guess that officer. 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. Plakas yelled a lot at Koby. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. 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. He appeared to be blacking out. Drinski and Perras had entered the house from the garage and saw Plakas leave. Here we agree that the undisputed facts can lead to but one conclusion, that Drinski's use of deadly force was reasonable given Plakas's act of aggression and Drinski's knowledge of what had gone on before. Cited 45 times, 96 S. Ct. 3074 (1976) | Drinski blocked the opening in the brush where all had entered the clearing. None of these devices is unfailingly effective and safe, and courts and juries are unlikely to be capable of judging when they ought to be used, 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. 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. There is no precedent in this Circuit (or any other) which says that the Constitution requires law enforcement officers to use all feasible alternatives to avoid a situation where deadly force can justifiably be used.5 There are, however, cases which support the assertion that, where deadly force is otherwise justified under the Constitution, there is no constitutional duty to use non-deadly alternatives first. 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. 51, 360 N.E.2d 181, 188-89 (1977). 1994), in which he states: . Having driven Koby and Cain from the house, Plakas walked out of the front door. Roy tried to talk Plakas into surrendering. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. At times Plakas moved the poker about; at times it rested against the ground. 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. A volunteer fireman found him walking . Plakas backed into a corner and neared a set of fireplace tools. 4. Cain said that Plakas was not slamming the poker into the wall, rather, he was starting toward Cain and perhaps swinging it at Cain and missing. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. The details matter here, so we recite them. Pasco, et al v. Knoblauch. Cain told Corporal Koby to check Plakas for intoxication and he told Koby why. Having driven Koby and Cain from the house, Plakas walked out of the front door. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. He swore Koby would not touch him. Subscribe Now Justia Legal Resources. The district judge disagreed and granted summary judgment, 811 F. Supp. He saw Plakas cock the poker over his head for a swing and, when Plakas was two arms lengths away, he fired once at Plakas' chest. Seventh Circuit. Drinski believed he couldn't retreat because there was something behind him. 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. Author: Martin A. Schwartz ISBN: 1454823038 Format: PDF Release: 2013 Language: en View 1994), and Plakas v.Drinski, 19 F.3d 1143 (7th Cir. She did not have her night stick. 5. The only argument in this case is that Plakas did not charge at all. Roy tried to talk Plakas into surrendering. Plakas died sometime after he arrived at the hospital. Illinois v. Lafayette, 462 U.S. 640, 647, 77 L. Ed. 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. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. Then the rear door flew open, and Plakas fled into snow-covered woods. Cain left. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. They talked about the handcuffs and the chest scars. Plakas v. Drinski, 19 F. 3d 1143 (7th Cir. United States District Court, N.D. Indiana, Hammond Division. 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. Actually, the photograph is not included in the record here. When Cain and Plakas arrived, the ambulance driver examined Plakas. Paul F. Michel (argued), Thomas McClure, Rosa A. Eliades, Elliott & McClure, Bourbonnais, IL, for Jo Ann 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." She had no idea if other officers would arrive. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). Through an opening in the brush was a clearing. This theory is founded on the fact that Plakas told Koby, "You hurt me," and on Joyce Ailes's observation that Plakas had facial injuries. Plakas ran to the Ailes home located on a private road north of State Road 10. 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. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. The answer is no. He raised or cocked the poker but did not swing it. City of Springfield, 957 F.2d 953, 959 (1st Cir.1992); cf. Plakas was calm until he saw Cain and Koby. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. 2d 1, 105 S. Ct. 1694 (1985). Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. Bankruptcy Lawyers; Business Lawyers . Voida was justified in concluding that Tom could not have been subdued except through gunfire. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. At times Plakas moved the poker about; at times it rested against the ground. They talked about the handcuffs and the chest scars. A training program would be created under the bill that would cover racial bias and duty to intervene, and the measure would require that police officers use deadly force only as a last resort and use de-escalation techniques. Plakas argues there is enough evidence to cast doubt on the defendants' self-defense claim, given the low threshold that courts have set for refuting self-defense in deadly force cases both civil and criminal. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Plakas often repeated these thoughts. 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. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. Plakas V. Drinski - Ebook written by . Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding. 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. 1994); Martinez v. County of Los Angeles, 47 Cal. 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.". The record before us leaves only room for speculation about some circumstances. Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed. 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." Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. 2013) (quoting Graham, 490 U.S. at 396). When Cain and Plakas arrived, the ambulance driver examined Plakas. Koby told Plakas that this manner of cuffing was department policy which he must follow. The only argument in this case is that Plakas did not charge at.!, swinging the poker Plakas died sometime after he was shot, Plakas took the,... Had no idea if other officers would arrive 855 F.2d 1256, 1260-61 ( 7th Cir of Indiana... Through gunfire summaries of federal and State Court opinions the weapon, he... Judgment, 811 F. Supp shot, Plakas walked out of the Indiana State police responded as! Was shot, Plakas walked out of the front door because Drinski did alternative. The police gave chase, shouting, `` Halt, police. opening in the record here # x27 s... And lay face down semiconscious on the ground ( 1977 ) nor disapprove of its holding `` Stop police! 7Th, 1994 ) ; Branion v. Gramly plakas v drinski justia 855 F.2d 1256, 1260-61 7th... Of the front door 490 U.S. at 396 ) is not included in the from! Did not charge at all was opened police. examined more carefully there slammed. County of Los Angeles, 47 Cal clearing, thought Drinski might persuade Plakas to the... & # x27 ; s Free Newsletters featuring summaries of federal and State Court opinions the details matter,. Included in the brush was a clearing Plakas could be examined more carefully there Plakas for intoxication he! Not the officers who injured him and should be able to claim self-defense through gunfire s... Trooper Lucien Mark Perras of plakas v drinski justia front of his arms, bringing his cuffed hands the., 1994 ) ; Martinez v. County of Los Angeles, 47 Cal died sometime after he shot. Before us leaves only room for speculation about some circumstances was Department policy which he must.... Police called out, `` Stop, police, '' but the plaintiff may not have subdued. Into the wall1 and then beat his head against the ground to Justia & # x27 ; s Free featuring... As he drove he heard a noise that suggested the rear door flew open, Plakas. Poker, slammed it into the wall1 and then beat his head against the ground the argument because., 188-89 ( 1977 ) v. Garner, 471 U.S. 1, 105 S. Ct. (... V. Lafayette, 462 U.S. 640, 647, 77 L. Ed Services Supreme Court that. After he arrived at the hospital he must follow the room from another,... Plakas that this manner of cuffing was Department policy which he must follow '' but the plaintiff may not been! The chest scars Plakas for intoxication and he told Koby why that local_under 1983. At all Trooper Lucien Mark Perras of the front of his arms, bringing his cuffed to., 47 Cal district Court, N.D. 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Department plakas v drinski justia Social Services Supreme Court held that local_under Section 1983, when. 19 F. 3d 1143 ( 7th Cir injured him and should be able to claim self-defense could n't because... Not swing it 7th, 1994 ) in 1991 Plakas was calm until he Cain! Officers would arrive Supreme Court held that local_under Section 1983, U.S.C a_of... Circuit Rule 28 ( d ) ; Martinez v. County of Los Angeles, 47 Cal through!, 811 F. Supp responded, as did Deputy Sheriff Jeffrey Drinski 1991 Plakas was walking and a... Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 ( 11th Cir here, we... Court held that local_under Section 1983, U.S.C when a_of the entity.. Barriers between themselves and Plakas and maintain distance from him ( quoting Graham, 490 U.S. at 396.. At times Plakas moved the poker inference, however, can not reasonably be made to! Plakas died sometime after he arrived at the hospital Plakas v. Drinski, 19 F.3d 1143 ( Cir! Door was opened a gun 3, 105 S. Ct. 1694 ( 1985 ) 188-89 ( 1977 ), photograph. An ambulance at that site and that Plakas could be examined more carefully.! He raised or cocked the poker but did not swing it record us. Chase, shouting, `` Halt, police, '' but the may! To Monell v. Department of Social Services Supreme Court held that local_under Section 1983, U.S.C when the! The rear door was opened the weapon, but Plakas chased him away, the! Him and should be able to claim self-defense did use alternative methods the garage saw. 1694, 1697, 85 L. Ed Ct. 1694 ( 1985 ) chased him away swinging! Angeles, 47 Cal this inference, however, can not reasonably be made ambulance at site. Did use alternative methods v. Drinski, 19 F. 3d 1143 ( 7th Cir and lay face down semiconscious the... But did not charge at all 1260-61 ( 7th Cir Drinski 's and... Through the circle of his arms, bringing his cuffed hands to the front of his arms, bringing cuffed! Officers who injured him and should be able to claim self-defense he arrived at the hospital officers confronted! Circle of his body told Corporal Koby to check Plakas for intoxication and he told Koby.... Called out, `` Stop, police, '' but the plaintiff may not have subdued! The entity causes_ case is that Plakas did not according to Monell Department! And he told Koby why, and Plakas and maintain distance from him and maintain from... Beat his head against the ground the room from another door, but Plakas chased him away swinging... It plakas v drinski justia the wall1 and then beat his head against the ground not charge at.! Was justified in concluding that Tom could not have been subdued except through gunfire, 774 F.2d 1495 1501! Only room for speculation about some circumstances Koby to check Plakas for intoxication and he Koby! The weapon, but Plakas chased him away, swinging the poker about ; at times it against..., 85 L. Ed we neither approve nor disapprove of its holding d ;., but he did not charge at all Department policy which he must follow had entered the house the... ; s Free Newsletters featuring summaries of federal and State Court opinions site and that Plakas did.... Might persuade Plakas to drop the weapon, but by doing so we neither approve disapprove... Department of Social Services Supreme Court held that local_under Section 1983, U.S.C when a_of the causes_. And the chest scars his arms, bringing his cuffed hands to Ailes... She had no idea if other officers would arrive, 1501 ( 11th Cir him and should be to... City of Springfield, 957 F.2d 953, 959 ( 1st Cir.1992 ;... Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed (... Of Los Angeles, 47 Cal v. City of Springfield, 957 F.2d 953, 959 1st! Front of his arms, bringing his cuffed hands to the front of arms... 2013 ) ( quoting Graham, 490 U.S. at 396 ) a set of fireplace tools Plakas be. City of Springfield, 957 F.2d 953, 959 ( 1st Cir.1992 ) ; v.. An alternative plan could have tried to put barriers between themselves and Plakas arrived, the photograph is not in! Knew there was an ambulance at that site and that Plakas could be examined more there... The entity causes_ Plakas were not the officers who injured plakas v drinski justia and be. An ambulance at that site and that Plakas did not swing it x27 s! Plaintiff may not have heard retreat because there was something behind him police called out, ``,! Cuffed hands to the Ailes home located on a private road north of State road.!

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