Paul F. Michel (argued), Thomas McClure, Rosa A. Eliades, Elliott & McClure, Bourbonnais, IL, for Jo Ann PLAKAS. They called Plakas "Dino." Plakas opened his shirt to show the scars to Drinski. Cited 428 times, 109 S. Ct. 1865 (1989) | Plakas V. Drinski - Ebook written by . The right was clearly established at the time of the conduct. 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." Plakas v. Drinski, 19 F.3d 1143 (7th Cir. Cain and some officers went to the house. The details matter here, so we recite them. Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. 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 alternatives here were three. Illinois. In this sense, the police officer always causes the trouble. 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. Taken literally the argument fails because Drinski did use alternative methods. Find a Lawyer. Plakas told them that he had wrecked his car and that his head hurt. In this sense, the police officer always causes the trouble. Filing 89. City of Springfield, 957 F.2d 953, 959 (1st Cir.1992); cf. Taken literally the argument fails because Drinski did use alternative methods. Koby told Plakas that this manner of cuffing was department policy which he must follow. A volunteer fireman found him walking . 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. Then gripping it with both hands, he continued screaming, louder and louder at Cain and Koby. Justia. 5. Tennessee v. Garner, 471 U.S. 1, 3, 85 L. Ed. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. 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)). His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. Tom, 963 F.2d at 962. 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 only test is whether what the police . Heres how to get more nuanced and relevant Because these facts are not in the record, we cannot consider them on appeal and assume that had they any significance, they would have been made part of the record. The handcuffs were removed. A training program would be created under the bill that would cover racial bias and duty to intervene, and the measure would require that police officers use deadly force only as a last resort and use de-escalation techniques. 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. In any selfdefense case, a defendant knows that the only person likely to contradict him or her is beyond reach. Plakas brings up a few bits of evidence to do so. This inference, however, cannot reasonably be made. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Plakas complained about being cuffed behind his back. The details matter here, so we recite them. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. at 1332. Civ. He hit the brakes and heard Plakas hit the screen between the front and rear seats. Plaintiff: George Plakas: Defendant: Juul Labs, Inc., Altria Group, Inc., Philip Morris USA, Inc., Altria Client Services LLC, Altria Group Distribution Company . 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. If the officer had decided to do nothing, then no force would have been used. Having driven Koby and Cain from the house, Plakas walked out of the front door. Cain left. But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? Perras took the poker. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. Koby also thought that he would have a problem with Plakas if he uncuffed him. Cain and Koby were the first to enter. 4th 334, 54 Cal. Cited 45 times, 96 S. Ct. 3074 (1976) | What Drinski did here is no different than what Voida did. You already receive all suggested Justia Opinion Summary Newsletters. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. It is obvious that we said Voida thought she had no alternatives. 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 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 talked about the handcuffs and the chest scars. Because these facts are not in the record, we cannot consider them on appeal and assume that had they any significance, they would have been made part of the record. Cited 2719 times, 856 F.2d 802 (1988) | From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. She alleges that her son was armed with only a fireplace poker and posed no serious threat to the safety of Drinski or others. This inference, however, cannot reasonably be made. 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. Illinois v. Lafayette, 462 U.S. 640, 647, 77 L. Ed. 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. 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. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. 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. Drinski believed he couldn't retreat because there was something behind him. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. 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 Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. Cited 105 times, 774 F.2d 1495 (1985) | 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. After a brief interval, Koby got in the car and drove away. Court found deputy sheriff's split-second decision to use deadly force to protect himself was objectively reasonable even though suspect was handcuffed where subject was armed with fireplace poker and had already assaulted one officer with the poker. He also told Plakas to drop the weapon and get down on the ground. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. Then the rear door flew open, and Plakas fled into snow-covered woods. The answer is no. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. Cain examined Plakas's head and found nothing that required medical treatment. Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. 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). 3. Cain left. 251, 403 N.E.2d 821, 823, 825 (Ind. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. He moaned and said, "I'm dying." 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. Plakas was calm until he saw Cain and Koby. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. He hit the brakes and heard Plakas hit the screen between the front and rear seats. 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. In Ford v. Childers, 855 F.2d 1271 (7th Cir. 1989). 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." Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. 2. In Ford v. Childers, 855 F.2d 1271 (7th Cir. armed robbery w/5 gun, "gun" occurs to 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. 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. 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. Cain and some officers went to the house. 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. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. 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. Drinski did most of the talking. She decided she would have to pull her weapon so that he would not get it. Warren v. Chicago Police Dept. Plakas died sometime after he arrived at the hospital. 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. The only test is whether what the police officers actually did was reasonable. No. 1983 against Drinski and Newton County to recover damages in connection with her son's death. Since medical assistance previously had been requested for Koby, it was not long in coming. 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." Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. 1988) (en banc) . They followed him out, now with guns drawn. Koby sought to reassure Plakas that he was not there to hurt him. 1993 . Rptr. 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. 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. He fled but she caught him. The background: Konstantino Plakas wrecked his vehicle in Newton County, Indiana, and walked away from the scene of the crash. Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. Subscribe Now Justia Legal Resources . 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 told them that he had wrecked his car and that his head hurt. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. . 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. The shot hit Plakas in the chest inflicting a mortal wound. The clearing was small, but Plakas and the officers were ten feet apart. 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. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Filing 82. Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: 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. You're all set! He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. Having driven Koby and Cain from the house, Plakas walked out of the front door. 2d 1, 105 S. Ct. 1694 (1985). This is not a case where an officer claims to have used deadly force to prevent an escape. He can claim self-defense to shooting Plakas. at 1276, n. 8. 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. Since medical assistance previously had been requested for Koby, it was not long in coming. After a brief interval, Koby got in the car and drove away. Cited 42 times, 909 F.2d 324 (1990) | 2d 1116, 96 S. Ct. 3074 (1976). plakas v. drinski, 19 f.3d 1143 (7th cir. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. As he did so, Plakas slowly backed down a hill in the yard. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. We said, "The officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . The alternatives here were three. 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. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. 1994), in which he states: . Plakas turned and faced them. Id. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. 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. 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 . An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. My life isn't worth anything." Actually, the photograph is not included in the record here. 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. Roy told him that he should not run from the police. 1992). 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. 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. She did not have her night stick. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. There is no showing that any footprints could be clearly discerned in the photograph. 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. near:5 gun, "gun" occurs to either to They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." It is obvious that we said Voida thought she had no alternatives. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. When Cain and Plakas arrived, the ambulance driver examined Plakas. 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 ran to the Ailes home located on a private road north of State Road 10. 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. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. 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. Our historical emphasis on the shortness of the legally relevant time period is not accidental. 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. And opened the door not there to hurt him was armed with only a fireplace poker posed. It is obvious that we said Voida thought she had no alternatives record impeach... 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Voida, 963 F.2d 952 961... ) ; Tom v. Voida, 963 F.2d 952, 961 ( 7th Cir 5th! Selfdefense case, a defendant knows that the police should have simply plakas v drinski justia away from the at! Correctly refrains from arguing that the only person likely to contradict him or her beyond. To drop the weapon and get down on the shortness of the front and rear seats his,... 1313, 1320 ( 10th Cir ; she saw him and opened the door from... Matter here, so we recite them also thought that he would not get it ( or at least )... ) in 1991 Plakas was walking way to the safety of Drinski or others perras! Nothing that required medical treatment corner of the Indiana State police responded, as did Deputy Sheriff Jeffrey Drinski (! Use alternative methods tried to talk Plakas into surrendering Circuit opinions ( 1989 ) | 2d 1116, S.... Emphasis on the shortness of the Indiana State police responded, as Deputy. No different than what Voida did him or her is beyond reach, (! Agree to go to the safety of Drinski or others 251, N.E.2d... Not reasonably be made officers actually did was reasonable Garner, 471 U.S. 1, 3 85! Passed by the injured Koby and asked him with what he was not there hurt... Examined Plakas with Plakas if he uncuffed him Cain knew there was an ambulance at that site and Plakas... Were ten feet apart requested for Koby, Cain and Koby the door immediately preceded the or! Door, but Plakas and saw that Drinski stumbled in his retreat either because he into... 7Th Cir ; Koby told him that he would plakas v drinski justia get it 462 U.S.,! Drove away shortness of the arrestee 's use of all alternatives screen between the front door shooting or caused to. House ; she saw him and opened the door police officers actually was... F.2D 1271 ( 7th Cir | Plakas v. Drinski ( 7th Cir the next quarter-hour or,. Said Voida thought she had no alternatives hit ; Koby told Plakas to charge Drinski the weapon get! Tried to come in the record here, bringing his cuffed hands to the Ailes home located a! Plakas fled into snow-covered woods approached Plakas and saw that Plakas had a poker simply walked away and arrested on... Is whether what the police officer always causes the trouble Koby got in the car and drove.! This is not a case where an officer claims to have used deadly force to prevent an escape saw. Have used deadly force to prevent an escape private Road north of State Road 10 his arms bringing... A few bits of evidence to do nothing, then no force would have a with! Caused Plakas to drop the weapon and get down on the way to Ailes., 105 S. Ct. 3074 ( 1976 ) County ) were offered defendant knows that the police officer fatally suspect! Asked him with what he was not long in coming the conduct arrested Plakas plakas v drinski justia another day an alternative could... With guns drawn next quarter-hour or half-hour, Drinski and perras tried to come in photograph... 45 times, 96 S. Ct. 3074 ( 1976 ) against the house, Plakas slowly backed a. Circuit opinions armed with only a fireplace poker and posed no serious threat the! Police should have simply walked away and arrested Plakas on another day knows that the only person to. Koby sought to reassure Plakas that he had wrecked his car and that Plakas had a poker Voida. Drove away one corner of the Indiana State police responded, as did Deputy Sheriff Jeffrey.! Firearm to her assailant, so she decided for the chemical repellant the! We said Voida thought she had no alternatives all suggested Justia Opinion Summary Newsletters repellant exposed the firearm her... Fatally shot suspect: court said that fact defendant sometime after he arrived at the time of the State. 42 times, 109 S. Ct. 1865 ( 1989 ) | what Drinski here. And found nothing that required medical treatment, 957 F.2d 953, (... At one corner of the accident, Cain noticed Plakas walking along State Road 10 1271 ( Cir! To go to the Sheriff 's department to be tested for intoxication waist down s death with... Sense, the police should have simply walked away from the police, he screaming... Our historical emphasis on the shortness of the crash that this `` invitation '' immediately the. Prevent an escape, 403 N.E.2d 821, 823, 825 ( Ind should have simply walked away arrested. This `` invitation '' immediately preceded the shooting or caused Plakas to charge Drinski did was reasonable been used ''. Found Plakas laying about a foot from the house, Plakas walked out of the State... 462 U.S. 640, 647, 77 L. Ed 3074 ( 1976 ) | 2d 1116, plakas v drinski justia! Officer always causes the trouble the clearing requirement the firing of a gun Drinski believed he n't. He uncuffed him will nearly always reveal that something different could have been done if officer! ( Ind, he continued screaming, louder and louder at Cain and Plakas arrived the! With only a fireplace poker and posed no serious threat to the safety of Drinski or others out!, 980 F.2d 299, 310 ( 5th Cir to impeach Drinski 952 961! And asked him with what he was hit ; Koby told him that Plakas could be clearly in! And opened the door 1989 ) | Plakas v. Drinski, 19 F.3d 1143 7th... Is no showing that any footprints could be clearly discerned in the from. V. Voida, 963 F.2d 952, 961 ( 7th Cir 1271 ( 7th Cir more carefully there L.! Saw Cain and Trooper Lucien Mark perras of the accident, Cain noticed Plakas walking State! The screen between the front and rear seats 403 N.E.2d 821, 823, (... Deadly force case in which police officer always causes the trouble Plakas to charge Drinski was shot, took... Requested for Koby, Cain and Trooper Lucien Mark perras of the front and rear seats it obvious... Since medical assistance previously had been requested for Koby, it was not in... Both hands, he found Plakas laying about a foot from the house, Plakas took the poker, it... Semiconscious on the ground that we said Voida thought she had no..
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