Plakas crossed the clearing, but stopped where the wall of brush started again. 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 . What Drinski did here is no different than what Voida did. Taken literally the argument fails because Drinski did use alternative methods. There is a witness who corroborates the defendant officer's version. 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. Before CUMMINGS and COFFEY, Circuit Judges, and ZAGEL, District Judge.*. Drinski did most of the talking. Filing 82. Through an opening in the brush was a clearing. 2d 443, 109 S. Ct. 1865 (1989). The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. 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. 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.". Plakas V. Drinski - Ebook written by . Appx. There they noticed Plakas was intoxicated. In Koby's car, the rear door handles are not removed. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. 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. 1994)).Fifth Circuit: See Thomas v. Baldwin, 595 Fed. As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. 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." 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. 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. Jo Ann PLAKAS, Individually and as Administrator of the Estate of Konstantino N. Plakas, Deceased, Plaintiff-Appellant, v. Jeffrey DRINSKI, in both his individual and official capacity and Newton County, Indiana, a municipal unit of government, Defendants-Appellees. Roy tried to talk Plakas into surrendering. Again, he struck her. 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. Paul F. Michel (argued), Thomas McClure, Rosa A. Eliades, Elliott & McClure, Bourbonnais, IL, for Jo Ann PLAKAS. The only test is whether what the police . It is unusual to hear a lawyer argue that the police ought to have caused a dog to attack his client, but he is right that such an attack might have led to a better result for his client (and would, in our view, have led to a different sort of lawsuit). He fell on his face inside the doorway, his hands still cuffed behind his back. 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. Then the rear door flew open, and Plakas fled into snow-covered woods. Tom v. Voida is a classic example of this analysis. 93-1431. Our historical emphasis on the shortness of the legally relevant time period is not accidental. 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. The alternatives here were three. It is obvious that we said Voida thought she had no alternatives. He also told Plakas to drop the weapon and get down on the ground. See Reed v. Hoy, 909 F.2d 324, 330-31 (9th Cir. 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. 4th 334, 54 Cal. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. 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. 6. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. Koby sought to reassure Plakas that he was not there to hurt him. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. Drinski believed he couldn't retreat because there was something behind him. The answer is no. Drinski believed he couldn't retreat because there was something behind him. 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. Then Plakas tried to break through the brush. The Fourth Amendment does not require officers to use the least intrusive or even less intrusive alternatives in ordering search and seizure cases. 1994) case opinion from the US Court of Appeals for the Seventh Circuit Cited 71 times, Perfetti v. First National Bank of Chicago, 950 F.2d 449 (1991) | 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. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. The handcuffs were removed. Since medical assistance previously had been requested for Koby, it was not long in coming. 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." It became clear she could not physically subdue him. Taken literally the argument fails because Drinski did use alternative methods. 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. The officers told Plakas to drop the poker. Tennessee v. Garner, 471 U.S. 1, 3, 85 L. Ed. Plakas was calm until he saw Cain and Koby. Plakas yelled a lot at Koby. Plakas crossed the clearing, but stopped where the wall of brush started again. He stopped, then lunged again; she fired into his chest. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. Filing 920070312 Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. The only witnesses to the shooting were three police officers, Drinski and two others. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 1985) (en banc). 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. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. 3. 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. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. Toggle navigation . 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. 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 told them that he had wrecked his car and that his head hurt. 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. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Roy stayed outside to direct other police to his house. Having driven Koby and Cain from the house, Plakas walked out of the front door. 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. U.S. Court of Appeals, Fifth Circuit. As he drove he heard a noise that suggested the rear door was opened. At one point, Plakas lowered the poker but did not lay it down. Cain left. We adopt the version most favorable to plaintiff. 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." After a brief interval, Koby got in the car and drove away. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. If the officer had decided to do nothing, then no force would have been used. It became clear she could not physically subdue him. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. Cain and Koby were the first to enter. 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. 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. 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. 1985) (en banc) . He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. 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. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. Then Plakas tried to break through the brush. Subscribe to Justia's Free Summaries of Seventh Circuit opinions. This inference, however, cannot reasonably be made. Again, he struck her. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. Cited 45 times, 96 S. Ct. 3074 (1976) | After the weapon was out, she told him three times, "Please don't make me shoot you." 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. We do not know whether there was any forensic investigation made at the scene. 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. 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. 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. . She had no idea if other officers would arrive. Joyce and Rachel helped him. In any self-defense case, a defendant knows that the only person likely to contradict him or her is beyond reach. The only argument in this case is that Plakas did not charge at all. 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 details matter here, so we recite them. 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. 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. The record before us leaves only room for speculation about some circumstances. Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. 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). 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'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. Cited 428 times, 109 S. Ct. 1865 (1989) | Morton v. Kirkwood, 707 F.3d 1276, 1281 (11th Cir. The Fourth Amendment does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. Cain told Corporal Koby to check Plakas for intoxication and he told Koby why. Author: Martin A. Schwartz ISBN: 1454823038 Format: PDF Release: 2013 Language: en View 1994), and Plakas v.Drinski, 19 F.3d 1143 (7th Cir. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. Cited 42 times, 909 F.2d 324 (1990) | It is obvious that we said Voida thought she had no alternatives. 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 . Graham, 490 U.S. at 396-97; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. A volunteer fireman found him walking . Code Ann. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . McGarry v. Board of County Commissioners for the County of Lincoln, et al. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. Through an opening in the brush was a clearing. Voida was justified in concluding that Tom could not have been subdued except through gunfire. The district court's grant of summary judgment is AFFIRMED. He raised or cocked the poker but did not swing it. Plakas agreed that Roy should talk to the police. Warren v. Chicago Police Dept. Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. 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." They called Plakas "Dino." She fired and missed. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. . 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. Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. Circumstances can alter cases. 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. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. Plakas remained semiconscious until medical assistance arrived. The only argument in this case is that Plakas did not charge at all. 1992). He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. conclusion considered constitutional contend County's deadly force death defendant's defendants determine distance district court Drinski effect establish evaluated evidence explains favor fear feet finding fleeing Garner Graham granting summary judgment Greenridge head ILLINOIS impede . Illinois v. Lafayette, 462 U.S. 640, 647, 103 S. Ct. 2605, 2610, 77 L. Ed. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. 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. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. 51, 360 N.E.2d 181, 188-89 (1977). But when she did so, Plakas had already been in one car accident, had cracked his head against the front seat shield in Koby's car, had run a considerable distance through forest and open terrain with his hands cuffed behind his back and, finally, when he entered the Ailes home, he did so by falling face down on the floor. right of "armed robbery. 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. Koby frisked Plakas and then handcuffed him, with his hands behind his back. Plakas brings up a few bits of evidence to do so. Cited 105 times, 774 F.2d 1495 (1985) | His car had run off the road and wound up in a deep water-filled ditch. Civ. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. Read this book using Google Play Books app on your PC, android, iOS devices. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. Indeed, Plakas merely states this theory, he does not argue it. 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. 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"). United States District Court, N.D. Indiana, Hammond Division. Perras took the poker. He tried to avoid violence. Plakas charged [the police officer] with the poker raised. They called Plakas "Dino." The officers told Plakas to drop the poker. He fled but she caught him. 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