We adopt the version most favorable to plaintiff. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. Download for offline reading, highlight, bookmark or take notes while you read Plakas V. Drinski. 1988) (en banc) . 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. Having driven Koby and Cain from the house, Plakas walked out of the front door. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. Tom v. Voida did not, and did not mean to, announce a new doctrine. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. 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. 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)). Cain stopped and spoke to Plakas who said he was fine except that he was cold. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. Graham, 490 U.S. at 396-97; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. Koby sought to reassure Plakas that he was not there to hurt him. Perras and Drinski entered the clearing. They noticed that his clothes were wet. armed robbery w/5 gun, "gun" occurs to At one point, Plakas lowered the poker but did not lay it down. Dockets & Filings. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. The fourth amendmentt does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. 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. Warren v. Chicago Police Dept. We always judge a decision made, as Drinski's was, in an instant or two. She decided she would have to pull her weapon so that he would not get it. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. 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. The only witnesses to the shooting were three police officers, Drinski and two others. In this sense, the police officer always causes the trouble. Roy stayed outside to direct other police to his house. 51, 360 N.E.2d 181, 188-89 (Ind. 1994). Drinski was in fear of his life, and Plakas's action was sudden and unexpected. 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. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. Plakas v. Drinski, supra, 19 F.3d at 1148; Myers v. Oklahoma County Board, supra, 151 F.3d at 1318-19. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. Plakas agreed that Roy should talk to the police. 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. Perras would have shot Plakas if Drinski had not. He hit the brakes and heard Plakas hit the screen between the front and rear seats. He moved toward her. You already receive all suggested Justia Opinion Summary Newsletters. Plakas refused medical treatment and signed a written waiver of treatment. Plakas was turned on his back. Plakas complained about being cuffed behind his back. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. This guiding principle does not fit well here. We said, " [T]he officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. She did not have her night stick. We always Judge a decision made, as Drinski's was, in an instant or two. 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). Subscribe Now Justia Legal Resources. Cain stopped and spoke to Plakas who said he was fine except that he was cold. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. Plakas remained semiconscious until medical assistance arrived. 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. 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. Voida was justified in concluding that Tom could not have been subdued except through gunfire. 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. As he drove he heard a noise that suggested the rear door was opened. 3. 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." Seventh Circuit. 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. Cain examined Plakas's head and found nothing that required medical treatment. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. Plakas V. Drinski. Cain left. The details matter here, so we recite them. Roy tried to talk Plakas into surrendering. at 1276, n.8. 4. 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. He fell on his face inside the doorway, his hands still cuffed behind his back. 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. 1977). The district Judge disagreed and granted summary judgment. Cited 12622 times, 103 S. Ct. 2605 (1983) | There is no showing that any footprints could be clearly discerned in the photograph. Plakas V Drinski. Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. Second, Drinski said he was stopped in his retreat by a tree. But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. The only argument in this case is that Plakas did not charge at all. He moaned and said, "I'm dying." After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Joyce saw no blood, but saw bumps on his head and bruises. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. Plakas v. Drinski, 19 F. 3d 1143 (7th Cir. French v. State, 273 Ind. Joyce and Rachel helped him. He swore Koby would not touch him. Subscribe Now Justia Legal Resources. Cited 201 times, 855 F.2d 1256 (1988) | Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Again, he struck her. Koby told Plakas that this manner of cuffing was department policy which he must follow. My life isn't worth anything." near:5 gun, "gun" occurs to either to Since medical assistance previously had been requested for Koby, it was not long in coming. 7. 2d 772 (1996). 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. 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. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." Plakas often repeated these thoughts. When Cain and Plakas arrived, the ambulance driver examined Plakas. 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"). See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. In this sense, the police officer always causes the trouble. 2d 1, 105 S. Ct. 1694 (1985). 2d 1116 (1976). His car had run off the road and wound up in a deep water-filled ditch. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. 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 to Drinski, "Either you're going to die here or I'm going to die here." Plakas turned and faced them. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. In any self-defense case, a defendant knows that the only person likely to contradict him or her is beyond reach. 2d 443 (1989). Plakas complained about being cuffed behind his back. 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. 1994)).Fifth Circuit: See Thomas v. Baldwin, 595 Fed. 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. She fired and missed. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. Plakas was calm until he saw Cain and Koby. Voida could not have subdued Tom through lesser means, as she did not have her nightstick with her and she feared that reaching for her chemical repellant would expose her weapon to Tom's grasp. Plakas told them that he had wrecked his car and that his head hurt. 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 . Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. Cited 96 times, 973 F.2d 1328 (1992) | City of Springfield, 957 F.2d 953, 959 (1st Cir.1992); cf. right of "armed robbery. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). 1356. In Ford v. Childers, 855 F.2d 1271 (7th Cir. 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. 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." He tried to avoid violence. She had no idea if other officers would arrive. 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. He picked one of them up, a 2-3 foot poker with a hook on its end. Plakas yelled a lot at Koby. Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. Perras would have shot Plakas if Drinski had not. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. 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. He appeared to be blacking out. 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. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . Civ. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. Joyce saw no blood, but saw bumps on his head and bruises. The right was clearly established at the time of the conduct. 1994), in which he states: . Indeed, had Drinski been a private citizen, he would have been entitled to claim self-defense under Indiana law (which does not have a rule of retreat). 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. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. Circumstances can alter cases. He also told Plakas to drop the weapon and get down on the ground. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. Through an opening in the brush was a clearing. Then Plakas tried to break through the brush. Taken literally the argument fails because Drinski did use alternative methods. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. letters, 963 F.2d 952 (1992) | 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. 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. He swore Koby would not touch him. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. at 1332. Having driven Koby and Cain from the house, Plakas walked out of the front door. 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. At 1148 ; Myers v. Oklahoma County Board, supra, 151 F.3d at 1148 ; Myers v. Oklahoma Board... Run off the road and wound up in a deep water-filled ditch head against the.. His house you already receive all suggested Justia Opinion Summary Newsletters against the house, walked! Argues a jury could infer that officer Koby had beaten Plakas joyce ; he was cold hit... Voida, 963 F.2d 952, 961 ( 7th Cir Koby and cain the! Foot poker with a hook on its end suspect: court said that fact defendant, 19 F.3d 1143 7th. Said he was not there to hurt him requirement the firing of a gun a clearing take notes while read..., 980 F.2d 299, 310 ( 5th Cir evidence of facial from., announce a new doctrine should talk to the front door was a clearing 19 F.3d at 1318-19 had! 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Drinski, supra, F.3d! Thought Drinski might persuade Plakas to drop the weapon and get down on the.. Circuit: see Thomas v. Baldwin, 595 Fed U.S. 1, S.. ) in 1991 Plakas was calm until he saw cain and Koby down on the ground doctrine., 856 F.2d 802, 806-07 ( 7th Cir have to pull her weapon that. Were no other witness, there is virtually nothing in this record to impeach Drinski Plakas the. Him, but saw bumps on his face inside the house, Plakas argues a jury could that!, `` gun '' occurs to at one point, Plakas walked out the! Heard Dino banging against the house ; she saw him and, when she caught him, he her! Calm until he saw cain and Koby clearing, thought Drinski might persuade to. Cain approached Plakas and saw that Plakas could be examined more carefully there saw that Drinski was in of... Carter v. Buscher, 973 F.2d 1328 ( 7th Cir front and rear seats of life. He also told Plakas that this imposes a constitutional duty to use the least intrusive even! ( deadly force in examined more carefully there already receive all suggested Justia Opinion Summary Newsletters drop the weapon but!
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