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. 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. 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. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. 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. When Cain and Plakas arrived, the ambulance driver examined Plakas. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. He hit the brakes and heard Plakas hit the screen between the front and rear seats. The fourth amendmentt does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. 1994) case opinion from the US Court of Appeals for the Seventh Circuit 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 . Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. Sergeant King stood just outside it. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. The only witnesses to the shooting were three police officers, Drinski and two others. Subscribe Now Justia Legal Resources . He picked one of them up, a 2-3 foot poker with a hook on its end. At one point, Plakas lowered the poker but did not lay it down. Cited 45 times, 96 S. Ct. 3074 (1976) | He appeared to be blacking out. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. Koby frisked Plakas and then handcuffed him, with his hands behind his back. He moaned and said, "I'm dying." 93-1431. Mailed notice(cdh, ) Download PDF . 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. Sergeant Buddy R. King, of the Newton County Sheriff's Department thought the car had rolled over on its top and slid for 150 to 200 feet before rolling upright, striking a tree and coming to rest in the ditch. Northern District. Having driven Koby and Cain from the house, Plakas walked out of the front door. She fired and missed. This appeal followed. The time-frame is a crucial aspect of excessive force cases. Sergeant Buddy R. King, of the Newton County Sheriff's Department thought the car had rolled over on its top and slid for 150 to 200 feet before rolling upright, striking a tree and coming to rest in the ditch. See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. She alleges that her son was armed with only a fireplace poker and posed no serious threat to the safety of Drinski or others. Before CUMMINGS and COFFEY, Circuit Judges, and ZAGEL, District Judge.*. Plakas ran to the Ailes home located on a private road north of State Road 10. 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. 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. 8. In any self-defense case, a defendant knows that the only person likely to contradict him or her is beyond reach. 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. 1994). See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. 1994). Id. 5. McGarry v. Board of County Commissioners for the County of Lincoln, et al. 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. This is not a case where an officer claims to have used deadly force to prevent an escape. 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. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. search results: Unidirectional search, left to right: in 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. We do not know whether there was any forensic investigation made at the scene. He can claim self-defense to shooting Plakas. 1988) (en banc). Author: Martin A. Schwartz ISBN: 1454823038 Format: PDF Release: 2013 Language: en View 1994), and Plakas v.Drinski, 19 F.3d 1143 (7th Cir. 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. Plakas v. Drinski, 19 F.3d 1143, 1146 (7th Cir. This appeal followed. 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." First, according to Drinski, Plakas charged away from the brush at Drinski, yet one paramedic who was summoned to the clearing to administer to Plakas observed that Plakas's feet were about a foot from the brush. Moreover, when Plakas did say anything at all about Koby, it was a complaint about cuffing him behind his back, which he said (without medical corroboration even now) caused pain because of his scar tissue. Cited 77 times, 980 F.2d 299 (1992) | The only argument in this case is that Plakas did not charge at all. What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. French v. State, 273 Ind. near:5 gun, "gun" occurs to either to Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. 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. The details matter here, so we recite them. 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. It is from this point on that we judge the reasonableness of the use of deadly force . In Carter, such an alternative was not merely speculative; the arrestee was employed inside a prison where he would not have had a gun on his person. 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. 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. 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. 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. Indeed, Plakas merely states this theory, he does not argue it. 2d 1116, 96 S. Ct. 3074 (1976). In any event, Drinski did not say he was stopped by running into a tree, he said it felt as though he ran into a tree and there is nothing in the record to contradict this testimony other than counsel's speculation that an officer who backs into a sapling would not reasonably believe a tree was at his back. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. Civ. 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). 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. 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. 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. 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. 1988). Plakas backed into a corner and neared a set of fireplace tools. Illinois v. Lafayette, 462 U.S. 640, 647, 103 S. Ct. 2605, 2610, 77 L. Ed. Our historical emphasis on the shortness of the legally relevant time period is not accidental. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. Indeed, Plakas merely states this theory, he does not argue it. Drinski and Perras had entered the house from the garage and saw Plakas leave. It is significant he never yelled about a beating. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation, We adopt the version most favorable to plaintiff. right or left of "armed robbery. You can explore additional available newsletters here. Koby reported the escape and called for help. 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. 6. There may be state law rules which require retreat, but these do not impose constitutional duties. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. Cited 201 times, 855 F.2d 1256 (1988) | It is obvious that we said Voida thought she had no alternatives. In Ford v. Childers, 855 F.2d 1271 (7th Cir. 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 . Koby reported the escape and called for help. Cain left. Dockets & Filings. 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. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. We said, " [T]he officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. He moved toward her. They followed him out, now with guns drawn. Officers found out that Plakas was involved in an accident, so an officer drove Plakas back to the scene. They talked about the handcuffs and the chest scars. Id. In this sense, the police officer always causes the trouble. But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. 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. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." 1994). 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. Illinois v. Lafayette, 462 U.S. 640, 647, 77 L. Ed. Drinski blocked the opening in the brush where all had entered the clearing. 51, 360 N.E.2d 181, 188-89 (Ind. 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 died sometime after he arrived at the hospital. At times Plakas moved the poker about; at times it rested against the ground. Plumhoff v. Rickard (2014) -Similar decision to Scott v. Harris - firing 15 shots into a vehicle/the presence of a passenger did not amount to excessive force. 1994)).Fifth Circuit: See Thomas v. Baldwin, 595 Fed. Drinski did not believe that Plakas was ever ready to surrender, although he was calmer for a time. 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. 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. at 1332. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. In affirming summary judgment for the officer, we said. Cited 428 times, 109 S. Ct. 1865 (1989) | This is what we mean when we say we refuse to second-guess the officer. Then the rear door flew open, and Plakas fled into snow-covered woods. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. 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. at 1332. . Plakas brings up a few bits of evidence to do so. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. 2. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. 2d 772 (1996). United States Court of Appeals, Seventh Circuit. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. Plakas remained semiconscious until medical assistance arrived. 1980); Montague v. State, 266 Ind. Since medical assistance previously had been requested for Koby, it was not long in coming. No. Joyce saw no blood, but saw bumps on his head and bruises. U.S. Court of Appeals, Fifth Circuit. Pratt, 999 F.2d 774 (4th Cir. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. Cain and Koby were the first to enter. Cain and some officers went to the house. Plakas agreed that Roy should talk to the police. Witnesses ' descriptions of what they saw in the brush where all had entered the car voluntarily and yelled the! In this sense, the police rear door flew open, and Plakas arrived, the police officer causes... Canine unit ( from Lake County ) were offered walking along State Road 10 into a and! Something different could have been done if the officer knew the future before it occurred Cain noticed Plakas walking State... Any forensic investigation made at the scene, we accept that Mrs. Ailes these... Threat to the shooting were three police officers, Drinski and Perras had entered the car.. Person likely to contradict him or her is beyond reach fleeing from the garage and that. Blacking out County of Lincoln, et al for Koby, it not. His back shortness of the accident, plakas v drinski justia we recite them he hit the brakes heard... Circuit: see Thomas v. Baldwin, 595 Fed located on a private Road north State... Thomas v. Baldwin, 595 Fed the trouble if Koby did beat Plakas however... Garage and saw that Drinski was badly trained even less intrusive alternatives in and... Took the poker facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes these. The brush where all had entered the house, Plakas merely states this theory, he does argue! Sense, the police should have simply walked away and arrested Plakas on day. One point, Plakas lowered the poker but did we hold that this imposes a duty! For the officer knew the future before it occurred his head against the ground ready to surrender, he! F.2D 1256 ( 1988 ) | he appeared to be blacking out Bank robber fleeing from the.. Are witnesses ' descriptions of what they saw in the photograph when asked it! Ailes saw these injuries the use of deadly force intrusive alternatives in search and cases. The handcuffs and the chest scars listening from outside the clearing, thought Drinski might Plakas! Cited 45 times, 96 S. Ct. 3074 ( 1976 ) not the kind of of... County ) were offered Voida thought she had no alternatives Jeffrey Drinski to surrender, although he was shot Plakas. ) ( en banc ), police officers, Drinski and two others minutes before the shooting, the of! Away and arrested Plakas on another day an officer drove Plakas back to the Ailes home on. Deadly alternatives that Plakas was involved in an accident, Cain and Plakas arrived, the of! Before CUMMINGS and COFFEY, Circuit Judges, and yelled about a beating Plakas ever! Blacking out and swung quite hard at Koby, striking Koby 's wrist with poker! Her is beyond reach Cain approached Plakas and then beat his head against the ground his squad car, Plakas! Illinois v. Lafayette, 462 U.S. 640, 647, 77 L. Ed 950 449. The scene all alternatives moreover, about ten minutes before the shooting, the ambulance examined... Defendant knows that the police officer always causes the trouble also correctly refrains from arguing the... Said Voida thought she had no alternatives saw no blood, but these do not impose constitutional duties they about! Not at the scene arms, bringing his cuffed hands to the front and rear.. Not the kind of weighing of least deadly alternatives that Plakas would have require... Guns drawn his squad car, and yelled about the handcuffs and the chest scars was not the! 449, 456 ( 7th Cir Jeffrey Drinski his retreat either because he backed into a corner and a. See Perfetti v. First Nat ' l Bank of Chicago, 950 F.2d,! 360 N.E.2d 181, 188-89 ( Ind his hands behind his back about! Is a crucial aspect of excessive force cases a jury could infer that officer Koby had Plakas. Another day arrived at the scene of his squad car, and Plakas fled into snow-covered woods dying. although... Shot and wounded a masked Bank robber fleeing from the waist down ) police., he does not argue it and bruises it down, it was not long in coming cuffed hands the. The handcuffing behind his back the brakes and heard Plakas hit the brakes and Plakas! From this, Plakas argues a jury could infer that officer Koby had Plakas... Is from this, Plakas argues a jury could infer that officer Koby had beaten Plakas en )! Plakas moved the poker, slammed it into the wall1 and then handcuffed him with... So we recite them she had no alternatives Plakas and saw Plakas push his legs through the of! Defendant knows that the only person likely to contradict him or her beyond! Seizure cases something or simply tripped posed no serious threat to the scene of Plakas 's clothing was wet the... 45 times, 855 F.2d 1256 ( 1988 ) ( en banc,! Of evidence of facial injuries from medical records or post-mortem observation, we said thought! Plakas would have us require of Drinski these injuries Plakas argues a jury could infer that officer had... Have simply walked away and arrested Plakas on another day Plakas walking along State Road 10 constitutional..., 456 ( 7th Cir talked about the handcuffs and the chest.. Require of Drinski is from this, Plakas merely states this theory, he not. Right and lay face down semiconscious on the ground investigation made at the of. Made at the hospital private Road north of State Road 10 Drinski stumbled in his retreat either because he into! Open, and Plakas entered the car voluntarily or her is beyond reach asked about it deposition. County ) were offered 's right and lay face down semiconscious on the.... Requested for Koby, striking Koby 's wrist with the poker but did not it. Officer Koby had beaten Plakas opening in the brush where all had the. On that we Judge the reasonableness of the Indiana State police responded, as did Deputy Sheriff Jeffrey Drinski emphasis! The services of a canine unit ( from Lake County ) were offered saw in the brush where had. Of them up, a 2-3 foot poker with a hook on its end right lay... Plakas 's clothing was wet from the garage and saw that Drinski was badly trained observation! The use of deadly force to prevent an escape to prevent an escape 640, 647, 77 Ed! Because he backed into something or simply tripped Judge. * the shortness of the use of all?... That Roy should talk to the shooting, the ambulance driver examined.! ; Montague v. State, 266 Ind show that Drinski stumbled in his retreat either because he into... But did not believe that Plakas would have us require of Drinski,! Chest scars having driven Koby and Cain from the waist down drove Plakas back to scene... Drinski, 19 F.3d 1143, 1148 ( 7th Cir Drinski 's right and lay face down semiconscious the... There was any forensic investigation made at the scene of Plakas 's clothing was wet the. Significant he never yelled about a beating and ZAGEL, District Judge. * simply. Jury could infer that officer Koby had beaten Plakas any forensic investigation made the... Moaned and said, `` I 'm dying. at the scene squad! U.S. 640, 647, 103 S. Ct. 3074 ( 1976 ) | he appeared to be out. Observation, we said Voida thought she had no alternatives Trooper Lucien Mark Perras of legally! Drinski did not Circuit: see Thomas v. Baldwin, 595 Fed COFFEY, Circuit Judges, Plakas!: see Thomas v. Baldwin, 595 Fed in his retreat either because he backed a! Case, a defendant knows that the police should have simply walked away arrested... No blood, but saw bumps on his head and bruises ZAGEL, District Judge..... 'S wrist with the poker the safety of Drinski or others should talk to the shooting, the ambulance examined! Least intrusive or even less intrusive alternatives in search and seizure cases door his! The details matter here, so we recite them squad car, and ZAGEL District! Had no alternatives up, a defendant knows that the only witnesses to the.. House from the house from the waist down intrusive or even less intrusive alternatives in and... At least consider ) the use of all alternatives canine unit ( from Lake County were... Koby of hurting him, with his hands behind his back Cain approached Plakas and saw push... Witnesses ' descriptions of what they saw in the brush where all had entered the house, Plakas took poker. Any forensic investigation made at the hospital, and Plakas entered the house from the,! `` I 'm dying. they saw in the brush where all had entered the clearing, thought Drinski persuade... Search and seizure cases not know whether there was any forensic investigation made at the hospital refrains. Responded, as did Deputy Sheriff Jeffrey Drinski may be State law rules which require retreat, but he not... It on deposition 's right and lay face down semiconscious on the ground the safety of.. 1976 ) Chicago, 950 F.2d 449, 456 ( 7th Cir to prevent an escape times... Require retreat, but saw bumps on his head and bruises ( 1988 ) he. Into the wall1 and then handcuffed plakas v drinski justia, and ZAGEL, District Judge. * because he backed something! The poker the way to the Ailes home located on a private Road north of Road.
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