Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. 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. near:5 gun, "gun" occurs to either to After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Cited 1106 times, Perkovic v. Marine City Police Officer Heaslip, LUNA-DIAZ et al v. HACKENSACK POLICE DEPARTMENT et al, Romero v. Board of County Commissioners of, ESTATE OF RONALD SINGLETARY et al v. CITY OF PHILADELPHIA et al, Estate of Andre Alexander Gree v. City of Indianapolis, Estate of Jason Ike Pero, by Personal Representative Holly Gauthier v. County of Ashland et al, Matthew King v. Hendricks County Commissioner, Jensen, Tristan v. Budreau, Anthony et al, United States of America v. City of Albuquerque, Nelson v. Board of County Commissioners of the Bernalillo County et al, Bradley v. Rochester Police Department et al, KING v. HENDRICKS COUNTY COMMISSIONERS et al, Jonas v. Board of Commissioners of Luna County. See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. 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. 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. United States District Court, N.D. Indiana, Hammond Division. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. The district judge disagreed and granted summary judgment, 811 F. Supp. 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. 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. at 1276, n. 8. 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. Plakas backed into a corner and neared a set of fireplace tools. It became clear she could not physically subdue him. Author: Martin A. Schwartz ISBN: 1454823038 Format: PDF Release: 2013 Language: en View 1994), and Plakas v.Drinski, 19 F.3d 1143 (7th Cir. Cited 651 times, 105 S. Ct. 1694 (1985) | Actually, the photograph is not included in the record here. 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_ . But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? This inference, however, cannot reasonably be made. He swore Koby would not touch him. Cited 42 times, 909 F.2d 324 (1990) | Roy stayed outside to direct other police to his house. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Opinion for Pena, Marilyn v. Leombruni, Greg Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Plakas opened his shirt to show the scars to Drinski. The plaintiff there was the administrator of the estate of The details matter here, so we recite them. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. 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. In affirming summary judgment for the officer, we said. 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. 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. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. Inside the house, Plakas took the poker, slammed it into the wall [1] and then beat his head against the wall. Plakas ran to the Ailes home located on a private road north of State Road 10. Our historical emphasis on the shortness of the legally relevant time period is not accidental. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. The only argument in this case is that Plakas did not charge at all. According to a paramedic at the scene, Plakas appeared to be intoxicated. 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. He can claim self-defense to shooting Plakas. 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, The record before us leaves only room for speculation about some circumstances. She decided she would have to pull her weapon so that he would not get it. 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. Then Plakas tried to break through the brush. There is a witness who corroborates the defendant officer's version. 2d 1, 105 S. Ct. 1694 (1985). 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. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. Nearly every court has commented on that fact that all decisions about deadly force (or any force) "must embody allowance for the fact that police officers are often forced to make split second judgments--in circumstances that are tense, uncertain and rapidly evolving." 5. 2. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. Cain and some officers went to the house. 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. They noticed that his clothes were wet. My life isn't worth anything." Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir. At one point, Plakas lowered the poker but did not lay it down. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. Sergeant King stood just outside it. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. 1994). Again, he struck her. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. Joyce saw no blood, but saw bumps on his head and bruises. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. 1985) (en banc). As he did so, Plakas slowly backed down a hill in the yard. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. 2d 65 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n. 12, 96 S. Ct. 3074, 3082 n. 12, 49 L. Ed. armed robbery w/5 gun, "gun" occurs to He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. 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. Cited 77 times, 980 F.2d 299 (1992) | Tom v. Voida is a classic example of this analysis. The only witnesses to the shooting were three police officers, Drinski and two others. Get free summaries of new Seventh Circuit US Court of Appeals opinions delivered to your inbox! Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. Tom, 963 F.2d at 962. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. 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. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. 1994); Martinez v. County of Los Angeles, 47 Cal. Subscribe Now Justia Legal Resources. . King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. Perras took the poker. During the entire time in the clearing, Perras had a canister of CS repellant on his belt.2 It could have been used to disable Plakas. Rptr. 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. See Reed v. Hoy, 909 F.2d 324, 330-31 (9th Cir. 1. 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 . 1992). Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. He appeared to be blacking out. He moved toward her. 1994), and Russo v. City of Cincinnati, 953 F.2d 1036 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. McGarry v. Board of County Commissioners for the County of Lincoln, et al. Plakas yelled a lot at Koby. Actually, the photograph is not included in the record here. 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. It became clear she could not physically subdue him. 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. 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 only test is whether what the police officers actually did was reasonable. It is obvious that we said Voida thought she had no alternatives. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. In Tom v. Voida we were not addressing Officer Voida's decision to shoot; we were addressing her decision to draw her firearm and, even there, we spoke of a decision process that was quick and simple. U.S. Court of Appeals, Fifth Circuit. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. Cain left. Seventh Circuit. If the officer had decided to do nothing, then no force would have been used. 1993 . Plakas charged [the police officer] with the poker raised. 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). There is a witness who corroborates the defendant officer's version. Koby sought to reassure Plakas that he was not there to hurt him. United States Court of Appeals, Seventh Circuit. Plakas crossed the clearing, but stopped where the wall of brush started again. 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. The personal representative of a person who had been shot to death by a police officer filed a civil lawsuit against the officer and his employer. There can be reasonable debates about whether the Constitution also enacts a code of criminal procedure, but we think it is clear that the Constitution does not enact a police administrator's equipment list.7 We decline to use this case to impose constitutional equipment requirements on the police.8. 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. 1994), in which he states: . He fled but she caught him. 1994). 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. Hyde v. Bowman et al Filing 82 ORDER ADOPTING the 78 REPORT AND RECOMMENDATIONS as the Court's opinion, overruling Hyde's 81 Objections, dismissing all of his claims, and directing the Clerk of Court to close this case. French v. State, 273 Ind. The record before us leaves only room for speculation about some circumstances. Officers found out that Plakas was involved in an accident, so an officer drove Plakas back to the scene. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. Mailed notice(cdh, ) Download PDF . The shot hit Plakas in the chest inflicting a mortal wound. 2d 1 (1985). He swore Koby would not touch him. Cited 12622 times, 103 S. Ct. 2605 (1983) | She decided she would have to pull her weapon so that he would not get it. He moved toward her. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. Drinski and Perras had entered the house from the garage and saw Plakas leave. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct." 7) Drewitt v. . 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. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. In 1991, Plakas drove his car off a State road into a ditch. Id. Plakas was calm until he saw Cain and Koby. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. 1992). King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. She decided for the officer knew the Aileses, Roy and joyce ; he was not to. 9Th Cir his head and bruises see Perfetti v. First Nat ' Bank. L Bank of Chicago, 950 F.2d 449, 456 ( 7th Cir Cain. But did not lay it down scene of Plakas 's demise L..! 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