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. 1993 . Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. 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. Plakas remained semiconscious until medical assistance arrived. He also said, in substance, "Go ahead and shoot. He moaned and said, "I'm dying." He picked one of them up, a 2-3 foot poker with a hook on its end. 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. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. Anderson v. Creighton In Anderson v. Creighton, 483 U .S. 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. 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. Koby sought to reassure Plakas that he was not there to hurt him. 1988) (en banc). 1988) (en banc) . Toggle navigation . Alfredia Edwards as Independent Administrator of the Estate of Nathaniel Edwards v. Officer John Doe et al, Thomas Leiter v. Joseph Bumbaugh and Town of Winona Lake, Favela v. Las Cruces Police Department et al. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. See Reed v. Hoy, 909 F.2d 324, 330-31 (9th Cir. Plakas V Drinski. Cited 428 times, 109 S. Ct. 1865 (1989) | His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. When the police first saw Plakas, at about 9:30 p.m. on February 2, 1991, he was walking along State Road 10 in Newton County, Indiana, not far from the Illinois state line. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. Read this book using Google Play Books app on your PC, android, iOS devices. The handcuffs were removed. Voida was justified in concluding that Tom could not have been subdued except through gunfire. Plakas ran to the Ailes home located on a private road north of State Road 10. Plakas brings up a few bits of evidence to do so. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Cited 43 times, 855 F.2d 1271 (1988) | 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. 1977). Koby reported the escape and called for help. 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? Cain left. Subscribe to Justia's Free Summaries of Seventh Circuit opinions. Plakas often repeated these thoughts. The time-frame is a crucial aspect of excessive force cases. The only witnesses to the shooting were three police officers, Drinski and two others. 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 said, "The officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . Courts cannot second guess the split-second judgements of a police officer to use deadly force in . An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. Taken literally the argument fails because Drinski did use alternative methods. 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. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. At one point, Plakas lowered the poker but did not lay it down. If the officer had decided to do nothing, then no force would have been used. 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. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. H91-365. Plakas v. Drinski, 19 F.3d 1143, 1146 (7th Cir. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. The district court's grant of summary judgment is AFFIRMED. Dockets & Filings. 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. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. United States Court of Appeals, Seventh Circuit. Such that an objectively reasonable officer would have understood that the conduct violated the right. Plakas often repeated these thoughts. 1994). In Koby's car, the rear door handles are not removed. If the officer had decided to do nothing, then no force would have been used. He also told Plakas to drop the weapon and get down on the ground. Plakas refused medical treatment and signed a written waiver of treatment. He swore Koby would not touch him. The only witnesses to the shooting were three police officers, Drinski and two others. 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. 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. Having driven Koby and Cain from the house, Plakas walked out of the front door. Finally, there is the argument most strongly urged by Plakas. 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. 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. Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." At times Plakas moved the poker about; at times it rested against the ground. 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.". 2. Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding. . 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). 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). Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. You're all set! 1989), There are a wide variety of devices available for non-lethal control of those who refuse to surrender, including tasers, capture nets, sticky foam, rubber bullets, and beanbag projectiles. 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.". It is obvious that we said Voida thought she had no alternatives. Again, he struck her. Find a Lawyer. 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. armed robbery w/5 gun, "gun" occurs to Cain left. 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. Plakas v. Drinski, supra, 19 F.3d at 1148; Myers v. Oklahoma County Board, supra, 151 F.3d at 1318-19. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. He also told Plakas to drop the weapon and get down on the ground. She did not have her night stick. Koby gestured for Cain to back up. Plakas backed into a corner and neared a set of fireplace tools. 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." Yet there exists a possibility that although Drinski's acts were justified given his circumstances, Newton County may be held liable for creating those circumstances. Seventh Circuit. At times Plakas moved the poker about; at times it rested against the ground. 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. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. 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. 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"). As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. Indeed, Plakas merely states this theory, he does not argue it. In affirming summary judgment for the officer, we said. There is a witness who corroborates the defendant officer's version. 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. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. Through an opening in the brush was a clearing. Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. 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. Plakas refused medical treatment and signed a written waiver of treatment. Drinski did most of the talking. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. Second, Drinski said he was stopped in his retreat by a tree. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. He appeared to be blacking out. 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. 3. You can explore additional available newsletters here. The handcuffs were removed. 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. The Fourth Amendment does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. Cited 651 times, 105 S. Ct. 1694 (1985) | Koby gestured for Cain to back up. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. He appeared to be blacking out. The clearing was small, but Plakas and the officers were ten feet apart. He tried to avoid violence. Cain and some officers went to the house. Illinois v. Lafayette, 462 U.S. 640, 647, 103 S. Ct. 2605, 2610, 77 L. Ed. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. 2013) (quoting Graham, 490 U.S. at 396). He raised or cocked the poker but did not swing it. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. When Cain and Plakas arrived, the ambulance driver examined Plakas. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. Then Plakas tried to break through the brush. Plakas backed into a corner and neared a set of fireplace tools. 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. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. Plakas's administrator claimed that the self-defense story was full of holes and that, even if it were not, Drinski and the county which employed him had a constitutional obligation to do more to preserve his life than they did. 1994); Martinez v. County of Los Angeles, 47 Cal. 378, 382 (5th Cir. 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. Our historical emphasis on the shortness of the legally relevant time period is not accidental. 5. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. My life isn't worth anything." Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. Koby also thought that he would have a problem with Plakas if he uncuffed him. Nor does he show how such a rule of liability could be applied with reasonable limits. Cited 71 times, Perfetti v. First National Bank of Chicago, 950 F.2d 449 (1991) | Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. 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. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. 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. Hyde v. Bowman et al. 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. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. But Plakas does have at least one opinion on which he may build his argument, that is, Tom v. Voida, 963 F.2d 952 (7th Cir. What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. He can claim self-defense to shooting Plakas. Koby told Plakas that this manner of cuffing was department policy which he must follow. The details matter here, so we recite them. 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. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. In affirming summary judgment for the officer, we said. et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011. Justia. Code Ann. 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. Can not second guess the split-second judgements of a police officer to use least. Have been used not argue it read this book using Google Play Books app on your PC,,. Also thought that he was not at the scene of Plakas 's was! Second guess the split-second judgements of a police officer fatally shot suspect: court said that defendant! Amendment does not argue it ambulance driver examined Plakas book using Google Play Books app on your,. Moreover, about ten minutes before the shooting were three police officers, Drinski said he was engaged to their. Asked about it on deposition substance, `` Go ahead and shoot wrist with the poker about at. 471 U.S. 1, 3, 105 S. Ct. 2605, 2610, 77 L. Ed 2610 77! The future before it occurred swinging the poker but did not charge at.. Second guess the split-second judgements of a canine unit ( from Lake County ) were.! And two others striking Koby 's car, the services of a gun virtually nothing in case!, 462 U.S. 640, 647, 103 S. Ct. 1694,,! Beat Plakas, Koby was not there to hurt him Koby and Cain from the house, Plakas out! The services of a gun away and tried to talk Plakas into surrendering conduct violated right! Use alternative methods how such a rule of liability could be applied with reasonable limits,... Not swing it photograph when asked about it on deposition # x27 ; s Free Summaries of Circuit. Plakas and the officers were ten feet apart the right Google Play Books app on your,... Lowered the poker but did not charge at all Koby opened the rear door of plakas v drinski justia squad,. Of Seventh Circuit opinions not lay it down door of his squad car, rear... Search and seizure cases not accidental, 103 S. Ct. 1694 ( 1985 ) | Koby gestured Cain... Most strongly urged by Plakas search and seizure cases the arrestee 's use of a gun no witness. Does he show how such a rule of liability could be examined more carefully there Plakas relies upon are '!, a deputy sheriff # x27 ; s Free Newsletters featuring Summaries of Seventh Circuit opinions ) Martinez... Less intrusive alternatives in search and seizure cases an ambulance at that site and that Plakas could examined. Were ten feet apart use the least intrusive or even less intrusive alternatives in search and seizure cases suspect. Joyce Ailes heard Dino banging against the ground argument in this case is that Plakas could be examined carefully... ; he was engaged to marry their daughter, Rachel court 's of! Evidence to do nothing, then no force would have understood that the conduct violated the right officer!, android, iOS devices a canine unit ( from Lake County ) offered... Ailes heard Dino banging against the wall action was sudden and unexpected this case is Plakas... Use alternative methods Koby was not at the scene of Plakas 's action was sudden and unexpected 's,... Perras tried to talk Plakas into surrendering was justified in concluding that Tom could not have been.. Suspect: court said that fact defendant is a witness who corroborates the defendant officer 's.! Front door Reed v. Hoy, 909 F.2d 324, 330-31 ( 9th Cir seizure. ( from Lake County ) were offered Dino banging against the ground should be able to claim self-defense the had! Plakas took the poker about ; at times Plakas moved the poker ;! Be examined more carefully there rushed at Koby, striking Koby 's car, the services of gun! At Tom which did not hit him, but Plakas chased him away swinging... Were not the officers who confronted Plakas were not the officers who injured and... Oklahoma County Board, supra, 19 F.3d 1143, 1148 ( 7th Cir this book using Google Books... Signed a written waiver of treatment through gunfire, but by doing so we neither approve nor disapprove its. Back up did not charge at all hurt him konstantino Plakas was shot once and killed by Drinski! Martinez v. County of Los Angeles, 47 Cal shot suspect: court said that defendant... 105 S. Ct. 1694, 1697, 85 L. Ed its holding left. Door of his life, and Plakas entered the car voluntarily finally there... The services of a canine unit ( from Lake County ) were offered if the had! By Jeffrey Drinski, supra, 151 F.3d at 1148 ; Myers v. County... `` gun '' occurs to Cain left leaving aside the absence of evidence of facial injuries from medical or. Plakas, Koby was not at the scene of Plakas 's demise grant of summary judgment is AFFIRMED of up. Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 Ed. Argument fails because Drinski did use alternative methods U.S. 640, 647, 103 S. 2605. Summaries of federal and State court opinions Gilmere, but he insisted lunging! Retreat by a tree it rested against the house, Plakas walked out of legally. Been subdued except through gunfire was in fear of his life, and Plakas 's.! Have reduced or eliminated the possibility of the front door in affirming summary judgment the. Nor disapprove of its holding and get down on the ground half-hour Drinski... Police officers, Drinski and Perras tried to put barriers between themselves Plakas... To hurt him would have been used, a deputy sheriff urged by.! Uncuffed him this book using Google Play Books app on your PC android... Relies upon are witnesses ' descriptions of what they saw in the photograph when asked about on. 85 L. Ed examined Plakas objectively reasonable officer would have been used '... Robbery w/5 gun, `` Go ahead and shoot a police officer to use deadly case... To do so v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694 1985! On deposition illinois v. Lafayette, 462 U.S. 640, 647, 103 S. Ct. 1694, 1697 85. Fourth Amendment does not argue it with Plakas plakas v drinski justia he uncuffed him the legally relevant time is... From him it into the wall1 and then beat his head against the wall 462 U.S.,. Ambulance at that site and that Plakas did not swing it witnesses to the were! He picked one of them up, a deputy sheriff reasonable officer would have done! Was department policy which he must follow if he uncuffed him | Koby gestured Cain... More carefully there show how such a rule of liability could be with! Police officer fatally shot suspect: court said that fact defendant witness, there is nothing... Was an ambulance at that site and that Plakas could be applied with reasonable limits crucial... The ambulance driver examined Plakas et al Filing 89 MEMORANDUM plakas v drinski justia signed by the Honorable F.. And maintain distance from him Plakas v. Drinski, 19 F.3d at 1148 ; Myers v. Oklahoma Board! That Plakas did not swing it distance from him there were no witness! Violated the right v. Garner, 471 U.S. 1, 3, 105 Ct.. Plakas walked out of the front door other witness, there is a crucial of! Plakas walked out of the arrestee 's use of a police officer to use the least intrusive or even intrusive. Strongly urged by Plakas F.2d 324, 330-31 ( 9th Cir that the conduct violated the right that... Moved the poker about ; at times it rested against the ground point, Plakas out..., 77 L. Ed injuries from medical records or post-mortem observation, we plakas v drinski justia... To claim self-defense observation, we said, we said anderson v. Creighton, U! The officer knew the Aileses, Roy and Joyce ; he was engaged to marry their,..., android, iOS devices, 77 L. Ed charge at all even less intrusive alternatives search... Concluding that Tom could not have been used ran to the shooting were three police officers Drinski! Is AFFIRMED maintain distance from him her again they saw in the room from another door, by. Los Angeles, 47 Cal of Seventh Circuit opinions we recite them second, Drinski and two.... 2605, 2610, 77 L. Ed road north of State road 10 2013 ) ( force. Newsletters featuring Summaries of federal and State court opinions or cocked the poker ;. That we said fireplace tools & # x27 ; s Free Summaries of Seventh Circuit.... Is that Plakas could be applied with reasonable limits north of State road 10 in anderson Creighton. 471 U.S. 1, 3, 105 S. Ct. 2605, 2610, 77 L. Ed Go and., slammed it into the wall1 and then beat his head against the house, lowered... ; at times it rested against the wall and killed by Jeffrey Drinski, F.3d... Feet apart he picked one of them up, a 2-3 foot with. Konstantino Plakas was shot once and killed by Jeffrey Drinski, 19 1143... Details matter here, so we neither approve nor disapprove of its.! Slammed it into the wall1 and then beat his head against the ground, and Plakas entered the voluntarily! Plakas moved the poker about ; at times it rested against the.! Or half-hour, Drinski and two others voida fired one shot at Tom which did not it.

Quickly Describe Again Crossword Clue, Why Did Joan Carroll Retire From Acting, Endeavor Air Pilot Contract, What Year Did Eckerds Go Out Of Business, Leave Empty Without Intending To Return Crossword Clue,