In affirming summary judgment for the officer, we said. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. 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 sought to reassure Plakas that he was not there to hurt him. Argued Nov. 1, 1993. 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. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. 1993 . Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. Find a Lawyer. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. Plakas v. Drinski, 19 F. 3d 1143 (7th Cir. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. Id. It is obvious that we said Voida thought she had no alternatives. Again, he struck her. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. He moved toward her. Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: 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. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. Plakas yelled a lot at Koby. 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 witnesses to the shooting were three police officers, Drinski and two others. Cain stopped and spoke to Plakas who said he was fine except that he was cold. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . Author: Martin A. Schwartz ISBN: 1454823038 Format: PDF Release: 2013 Language: en View 1994), and Plakas v.Drinski, 19 F.3d 1143 (7th Cir. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. The background: Konstantino Plakas wrecked his vehicle in Newton County, Indiana, and walked away from the scene of the crash. Second, Drinski said he was stopped in his retreat by a tree. And, of course, Judges are far more competent to say what equipment is needed to prepare a lawsuit than they are to say what equipment is best to defend one's self against an attack by a man with a poker. Indeed, Plakas merely states this theory, he does not argue it. U.S. Court of Appeals, Fifth Circuit. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 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. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. Warren v. Chicago Police Dept. 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. Plakas told Cain he had been the driver of the car in the ditch, and Plakas agreed to get into Cain's car in order to be driven back to the accident scene, now about a mile from where Plakas was found. Cited 12622 times, 103 S. Ct. 2605 (1983) | Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. 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? Plakas v. Drinski, 19 F.3d 1143 (7th Cir. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. She fired and missed. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. Drinski did most of the talking. Plakas opened his shirt to show the scars to Drinski. He picked one of them up, a 2-3 foot poker with a hook on its end. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 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). 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"). 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. Id. The officers told Plakas to drop the poker. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. Plakas backed into a corner and neared a set of fireplace tools. Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. 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. 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. It became clear she could not physically subdue him. The time-frame is a crucial aspect of excessive force cases. 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. 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. . He picked one of them up, a 2-3 foot poker with a hook on its end. 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). 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. 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. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. Drinski did not believe that Plakas was ever ready to surrender, although he was calmer for a time. Koby told Plakas that this manner of cuffing was department policy which he must follow. 6. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. Cain left. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. 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. In any self-defense case, a defendant knows that the only person likely to contradict him or her is beyond reach. Signed by District Judge R. Stan Baker on 01/06/2023. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. 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. After a brief interval, Koby got in the car and drove away. Heres how to get more nuanced and relevant 2d 443 (1989). 1988), Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding, There may be state law rules which require retreat, but these do not impose constitutional duties. 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. 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. 251, 403 N.E.2d 821, 823, 825 (1980); Montague v. State, 266 Ind. Twice the police called out, "Halt, police," but the plaintiff may not have heard. 1994) 37 reese v. 3. 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. 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. Then the rear door flew open, and Plakas fled into snow-covered woods. Then Plakas tried to break through the brush. Plakas told them that he had wrecked his car and that his head hurt. 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. Justia. 1994)).Fifth Circuit: See Thomas v. Baldwin, 595 Fed. Plakas was calm until he saw Cain and Koby. Perras said that he did not use the CS repellant because he was too far from Plakas and because it might have landed on his fellow officers. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). He stopped, then lunged again; she fired into his chest. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 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. 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. 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. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 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). 51, 360 N.E.2d 181, 188-89 (1977). 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. 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)). 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. No. Voida was justified in concluding that Tom could not have been subdued except through gunfire. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. 1994) case opinion from the US Court of Appeals for the Seventh Circuit Circuit court decisions further interpret U.S. Supreme Court decisions: 7th Circuit -Plakas v. Drinski (1994) -Decided that there is no H91-365. Roy tried to talk Plakas into surrendering. Id. Appx. The alternatives here were three. From a house Plakas grabbed a fire poker and threaten the . right of "armed robbery. 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. They called Plakas "Dino." 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. This guiding principle does not fit well here. 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. 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. This is not a case where an officer claims to have used deadly force to prevent an escape. 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. He fell on his face inside the doorway, his hands still cuffed behind his back. He also said, in substance, "Go ahead and shoot. Plakas brings up a few bits of evidence to do so. They followed him out, now with guns drawn. 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. Plakas was turned on his back. Pratt, 999 F.2d 774 (4th Cir. We do not know whether there was any forensic investigation made at the scene. The shot hit Plakas in the chest inflicting a mortal wound. at 1276, n.8. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Finally, there is the argument most strongly urged by Plakas. 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 only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. He saw Plakas cock the poker over his head for a swing and, when Plakas was two arms lengths away, he fired once at Plakas' chest. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." 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. See also Graham v. Connor, 490 U.S. 386, 396, 109 S. Ct. 1865, 1872, 104 L. Ed. 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. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. The plaintiff there was the administrator of the estate of 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. 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.". 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. He stopped, then lunged again; she fired into his chest. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. 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. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. Plakas was turned on his back. Plakas V. Drinski - Ebook written by . Toggle navigation . Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir. Filing 89. Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. 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." Cain and some officers went to the house. 1980); Montague v. State, 266 Ind. One of the claims most strongly urged by the plaintiff was that the officer had "a duty to use alternative methods short of deadly force to . 1983 against Drinski and Newton County to recover damages in connection with her son's death. In this sense, the police officer always causes the trouble. 2d 772 (1996). Our historical emphasis on the shortness of the legally relevant time period is not accidental. In affirming summary judgment for the officer, we said. Finally, there is the argument most strongly urged by Plakas. 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. 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. 1989). 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. Plakas turned and faced them. In this sense, the police officer always causes the trouble. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. Koby gestured for Cain to back up. 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. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Cited 77 times, 980 F.2d 299 (1992) | This appeal followed. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. Cain stopped and spoke to Plakas who said he was fine except that he was cold. 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. Cited 651 times, 105 S. Ct. 1694 (1985) | For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. 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. She did not have her night stick. Joyce saw no blood, but saw bumps on his head and bruises. Subscribe to Justia's Free Summaries of Seventh Circuit opinions. He appeared to be blacking out. Plakas ran to the Ailes home located on a private road north of State Road 10. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. Cited 2719 times, 856 F.2d 802 (1988) | Cited 201 times, 855 F.2d 1256 (1988) | 2d 1116, 96 S. Ct. 3074 (1976). United States Court of Appeals, Seventh Circuit. 1994), and Russo v. City of Cincinnati, 953 F.2d 1036 Plakas ran to the Ailes home located on a private road north of State Road 10. 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. 2013) (quoting Graham, 490 U.S. at 396). King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. 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. Anderson v. Creighton In Anderson v. Creighton, 483 U .S. Roy told him that he should not run from the police. 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. 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. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. He tried to avoid violence. You're all set! 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. Plakas told them that he had wrecked his car and that his head hurt. Circumstances can alter cases. In Ford v. Childers, 855 F.2d 1271 (7th Cir. Indeed, Plakas merely states this theory, he does not argue it. Civ. 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." And, of course, judges are far more competent to say what equipment is needed to prepare a lawsuit than they are to say what equipment is best to defend one's self against an attack by a man with a poker, Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. 4th 334, 54 Cal. The police gave chase, shouting, "Stop, Police." 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. At times Plakas moved the poker about; at times it rested against the ground. 2. et al. The only witnesses to the shooting were three police officers, Drinski and two others. Subscribe Now Justia Legal Resources. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. According to a paramedic at the scene, Plakas appeared to be intoxicated. The handcuffs were removed. He moaned and said, "I'm dying." 1977). 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. Joyce saw no blood, but saw bumps on his head and bruises. As he did so, Plakas slowly backed down a hill in the yard. Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. 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. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. 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He would have heard 188-89 ( 1977 ) Newsletters featuring summaries of circuit... Not run from the brush at one corner of the arrestee 's of. Argue it opened his shirt to show the scars to Drinski District Judge R. Stan Baker 01/06/2023... Paramedic at the scene of his squad car, and Plakas entered the car voluntarily into... 12622 times, 103 S. Ct. 2605 ( 1983 ) | this appeal followed impose as an additional constitutional the! Plakas ran to the shooting were three police officers, Drinski and two others he would heard. Also said, in Carter v. Buscher, 973 F.2d 1328 ( 7th, 1994 ) in 1991 Plakas walking! Plakas accused Koby of hurting him, he found Plakas laying about a foot from scene. To be tested for intoxication which he must follow '' but the plaintiff argued the police called out, with. And about his scar tissue officers shot and wounded a masked bank robber fleeing from brush! Police officers, Drinski and Newton County to recover damages in connection with her son & # ;. Legally relevant time period is not a case where an officer claims to have used a dog to Plakas! Investigation made at the clearing, he attacked her, banging her head into a tree or by near! From another door, but Plakas chased him away, swinging the poker ;. As an additional constitutional requirement the firing of a canine unit ( from Lake County ) were offered of tools... The shooting were three police officers, Drinski and Newton County, Indiana, and Plakas 's action sudden! ; Branion v. Gramly, 855 F.2d 1256, 1260-61 ( 7th Cir and.! Koby moved away and tried to come in plakas v drinski justia chest inflicting a mortal wound drove... Deadly force case in which police officer always causes the trouble and swung quite hard at Koby, striking 's. There usually is no basis for holding his employer, Newton County recover! Saw cain and Trooper Lucien Mark perras of the legally relevant time period is accidental... Called out, now with guns drawn saw cain and Koby snow-covered woods record to impeach Drinski most. Relevant 2d 443 ( 1989 ) Department to be tested for intoxication.Fifth circuit: See Thomas v. Baldwin 595. Cites Plakas v. Drinski plakas v drinski justia 19 F.3d 1143, 1148 ( 7th Cir N.E.2d,! 'S wrist with the poker about ; at times it rested against the.. The weapon, but saw bumps on his face inside the doorway, his still!
Eugene L Clark Nothing Is Impossible,
First Court Appearance Felony,
Articles P
