Plakas v. Drinski, 19 F.3d 1143, 1146 (7th Cir. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. The only test is whether what the police officers actually did was reasonable. Twice the police called out, "Halt, police," but the plaintiff may not have heard. Cited 77 times, 980 F.2d 299 (1992) | 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. Koby told Plakas that this manner of cuffing was department policy which he must follow. Civ. The police gave chase, shouting, "Stop, Police." 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. They called Plakas "Dino." Filing 82. Cain and Koby were the first to enter. Tennessee v. Garner, 471 U.S. 1, 3, 85 L. Ed. If the officer had decided to do nothing, then no force would have been used. The only test is whether what the police officers actually did was reasonable. 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. 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. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. 1994); Martinez v. County of Los Angeles, 47 Cal. Plakas refused medical treatment and signed a written waiver of treatment. Cain stopped and spoke to Plakas who said he was fine except that he was cold. She decided she would have to pull her weapon so that he would not get it. Cited 71 times, Perfetti v. First National Bank of Chicago, 950 F.2d 449 (1991) | It is obvious that we said Voida thought she had no alternatives. Code Ann. et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011. 1994) - ". He tried to avoid violence. 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." In this sense, the police officer always causes the trouble. accident), Expand root word by any number of Warren v. Chicago Police Dept. Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. Koby reported the escape and called for help. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 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. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. Nor does he show how such a rule of liability could be applied with reasonable limits. Subscribe Now Justia Legal Resources. Drinski and Perras had entered the house from the garage and saw Plakas leave. (Notes) Sherrod v. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. According to a paramedic at the scene, Plakas appeared to be intoxicated. This appeal followed. Then the rear door flew open, and Plakas fled into snow-covered woods. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. We do not know whether there was any forensic investigation made at the scene. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 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. Cain left. He fled but she caught him. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. 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. There is a witness who corroborates the defendant officer's version. We do not know whether there was any forensic investigation made at the scene. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. Finally, there is the argument most strongly urged by Plakas. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. 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). This guiding principle does not fit well here. 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." Tom v. Voida did not, and did not mean to, announce a new doctrine. 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. 2013) (quoting Graham, 490 U.S. at 396). The moon was bright, light was reflecting off the snow and it was easy to track Plakas who slowed as he entered a row of thick brush hedges. As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. 378, 382 (5th Cir. We always Judge a decision made, as Drinski's was, in an instant or two. 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. See Reed v. Hoy, 909 F.2d 324, 330-31 (9th Cir. As he drove he heard a noise that suggested the rear door was opened. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. Twice the police called out, "Halt, police," but the plaintiff may not have heard. Plakas V. Drinski - Ebook written by . 8. 251, 403 N.E.2d 821, 823, 825 (Ind. 1994) 37 reese v. 1988) (en banc) . The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. at 1332. 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"). Koby frisked Plakas and then handcuffed him, with his hands behind his back. He can claim self-defense to shooting Plakas. 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. 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. Cain thought Plakas was out to kill him.&gENDFN>. The alternatives here were three. 1998); Plakas v. Drinski, supra, 19 F.3d at 1150 n. 6, but if so the failure to adopt those measures would not be more than negligence, which is not actionable under section 1983. . Koby also thought that he would have a problem with Plakas if he uncuffed him. 1988). He stopped, then lunged again; she fired into his chest. Sign up for our free summaries and get the latest delivered directly to you. 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." Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir.1994)). Taken literally the argument fails because Drinski did use alternative methods. Perras would have shot Plakas if Drinski had not. Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. Plakas backed into a corner and neared a set of fireplace tools. Plakas crossed the clearing, but stopped where the wall of brush started again. Find a Lawyer. 1994)).Fifth Circuit: See Thomas v. Baldwin, 595 Fed. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. . See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. Again, he struck her. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." 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. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. Plakas was calm until he saw Cain and Koby. Plakas remained semiconscious until medical assistance arrived. 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. 7. search results: Unidirectional search, left to right: in 1994)). See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. The details matter here, so we recite them. As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. When Cain and Plakas arrived, the ambulance driver examined Plakas. Plakas yelled a lot at Koby. He can claim self-defense to shooting Plakas. 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. 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. Perras would have shot Plakas if Drinski had not. Justia. 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." 635 (1987) , the Supreme Court held that when an officer of the la w (in this case, an FBI officer) conducts a search which violates the Fourth Amendment , that officer is entitled to qualified immunit y if the officer proves that a reasonable officer could ha ve believed that the search 1977). The details matter here, so we recite them. 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. 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. In any selfdefense case, a defendant knows that the only person likely to contradict him or her is beyond reach. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. 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. Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. He fell on his face inside the doorway, his hands still cuffed behind his back. Illinois v. Lafayette, 462 U.S. 640, 647, 103 S. Ct. 2605, 2610, 77 L. Ed. 2d 1 (1985). Plakas V. Drinski Ecology of Fear Emerging Infectious Diseases NCUA Examiner's Guide Local Budgeting Routledge Handbook on Capital Punishment Principles of Federal Appropriations Law Administration of Insured Home Mortgages Urban Economics and Fiscal Policy Handbook of School Mental Health Policy and Procedures Manual for Guidance of Federal . 51, 360 N.E.2d 181, 188-89 (1977). 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. Actually, the photograph is not included in the record here. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. The only argument in this case is that Plakas did not charge at all. In doing so, courts must ask whether the force applied was "objectively reasonable in light of the facts confronting the officer." Crenshaw v. Lister, 556 F.3d 1283, 1290 (11th Cir. 2009) (per curiam) (quoting Vinyard v. ZAGEL, District Judge. They called Plakas "Dino." The Fourth Amendment does not require officers to use the least intrusive or even less intrusive alternatives in ordering search and seizure cases. They followed him out, now with guns drawn. Perhaps in recognition of this weakness in the case, Plakas offers two other theories, one of which is a minor theme of his brief, that shooting in self-defense is unjustified where the aggressor acted out of reasonable fear of police brutality. They followed him out, now with guns drawn. Plakas opened his shirt to show the scars to Drinski. 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. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. Plakas' mother, the Administratrix of his estate, has filed suit under 42 U.S.C. Cited 12622 times, 103 S. Ct. 2605 (1983) | This inference, however, cannot reasonably be made. Perras took the poker. Subscribe to Justia's Free Summaries of Seventh Circuit opinions. Sergeant King stood just outside it. As he did so, Plakas slowly backed down a hill in the yard. 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. george v. morris, in which a ninth circuit panel concluded a police officer violated a clearly estab-lished constitutional right 17 7. a 13-year-old child is not an adult and the child's age is relevant to . 1992). 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. Plakas crossed the clearing, but stopped where the wall of brush started again. Plakas yelled a lot at Koby. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. This inference, however, cannot reasonably be made. 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. Drinski believed he couldn't retreat because there was something behind him. Plakas agreed that Roy should talk to the police. He also said, in substance, "Go ahead and shoot. At one point, Plakas lowered the poker but did not lay it down. Roy told him that he should not run from the police. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. 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. Author: Martin A. Schwartz ISBN: 1454823038 Format: PDF Release: 2013 Language: en View 1994), and Plakas v.Drinski, 19 F.3d 1143 (7th Cir. Dockets & Filings. Drinski and Perras had entered the house from the garage and saw Plakas leave. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. Illinois v. Lafayette, 462 U.S. 640, 647, 77 L. Ed. 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. 2d 1116, 96 S. Ct. 3074 (1976). Koby sought to reassure Plakas that he was not there to hurt him. Warren v. Chicago Police Dept. She did not have her night stick. He raised or cocked the poker but did not swing it. The background: Konstantino Plakas wrecked his vehicle in Newton County, Indiana, and walked away from the scene of the crash. 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. Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed. What Drinski did here is no different than what Voida did. Then the rear door flew open, and Plakas fled into snow-covered woods. 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. Bankruptcy Lawyers; Business Lawyers . What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. 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." 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. Justia. 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