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. Read this book using Google Play Books app on your PC, android, iOS devices. Code Ann. As he drove he heard a noise that suggested the rear door was opened. The clearing was small, but Plakas and the officers were ten feet apart. 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. The details matter here, so we recite them. Perras and Drinski entered the clearing. We adopt the version most favorable to plaintiff. 1994) case opinion from the US Court of Appeals for the Seventh Circuit 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. He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. 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. Id. The clearing was small, but Plakas and the officers were ten feet apart. He hit the brakes and heard Plakas hit the screen between the front and rear seats. 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. The answer is no. 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. Id. 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. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. There is a witness who corroborates the defendant officer's version. at 1332. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. Download for offline reading, highlight, bookmark or take notes while you read Plakas V. Drinski. 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. 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. Plakas yelled a lot at Koby. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. 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. He can claim self-defense to shooting Plakas. Drinski did most of the talking. There is no showing that any footprints could be clearly discerned in the photograph. 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 . Toggle navigation . Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. 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. 2d 1, 105 S. Ct. 1694 (1985). In this sense, the police officer always causes the trouble. You can explore additional available newsletters here. 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. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. Opinion for Pena, Marilyn v. Leombruni, Greg Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. This appeal followed. 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.". See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. 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. McGarry v. Board of County Commissioners for the County of Lincoln, et al. Illinois v. Lafayette, 462 U.S. 640, 647, 103 S. Ct. 2605, 2610, 77 L. Ed. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. 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. They talked about the handcuffs and the chest scars. Voida was justified in concluding that Tom could not have been subdued except through gunfire. Cain thought Plakas was out to kill him, 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. Plakas was turned on his back. 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. 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." Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: Again, he struck her. Plakas refused medical treatment and signed a written waiver of treatment. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. 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. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. . 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. Actually, the photograph is not included in the record here. 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"). This guiding principle does not fit well here. armed robbery w/5 gun, "gun" occurs to He raised or cocked the poker but did not swing it. Cain left. Plakas often repeated these thoughts. 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. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. The district court's grant of summary judgment is AFFIRMED. Cited 651 times, 105 S. Ct. 1694 (1985) | Cited 105 times, 774 F.2d 1495 (1985) | Cain told Corporal Koby to check Plakas for intoxication and he told Koby why. 51, 360 N.E.2d 181, 188-89 (1977). 1983 against Drinski and Newton County to recover damages in connection with her son's death. Cited 45 times, 96 S. Ct. 3074 (1976) | In 1991, Plakas drove his car off a State road into a ditch. 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. 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. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. Again, he struck her. 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 only witnesses to the shooting were three police officers, Drinski and two others. In this sense, the police officer always causes the trouble. Joyce saw no blood, but saw bumps on his head and bruises. The alternatives here were three. Pratt, 999 F.2d 774 (4th 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. 251, 403 N.E.2d 821, 823, 825 (Ind. 1356. This conclusion accords comfortably with the opinion of Judge Zagel in Plakas v. Drinski, 19 F.3d 1143, 1148-50 (7th Cir. plakas v. drinski, 19 f.3d 1143 (7th cir. A volunteer fireman found him walking . Dockets & Filings. 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 fourth amendmentt does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. Taken literally the argument fails because Drinski did use alternative methods. Cain and Koby were the first to enter. 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. He moaned and said, "I'm dying." Plakas opened his shirt to show the scars to Drinski. 2d 443 (1989). It is obvious that we said Voida thought she had no alternatives. Elizabeth A. Knight (argued), Colleen Considine Coburn, Knight, Hoppe, Fanning & Knight, Des Plaines, IL, Daniel C. Blaney, Blaney, Casey & Walton, Morocco, IN, Janella L. Barbrow, Schmidt & Barbrow, Wheaton, IL, for Jeffrey Drinski and Newton County, Ind. Koby frisked Plakas and then handcuffed him, with his hands behind his back. 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? He also told Plakas to drop the weapon and get down on the ground. He tried to avoid violence. The only witnesses to the shooting were three police officers, Drinski and two others. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." Drinski and Perras had entered the house from the garage and saw Plakas leave. It became clear she could not physically subdue him. He fled but she caught him. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. 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. 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. 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. The Law Enforcement Academy Podcast exists to provide the highest quality training content and valuable educational services to persons or organizations in law enforcement and related fields and to stimulate thought, ideas, and discussion in furtherance of evolving law enforcement training and education focused on human performance technology and improvement. Tom v. Voida did not, and did not mean to, announce a new doctrine. Koby told Plakas that this manner of cuffing was department policy which he must follow. 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). Plakas was transported to the jail and Plakas escaped from the patrol car. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. Plakas refused medical treatment and signed a written waiver of treatment. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. In affirming summary judgment for the officer, we said. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. 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 and Perras had entered the house from the garage and saw Plakas leave. This appeal followed. letters, 963 F.2d 952 (1992) | As he did so, Plakas slowly backed down a hill in the yard. Let's analyze another landmark decision, this one of Plakas v. Drinski (1993), decided by the US 7th District Court of Appeals, Northern District of Indiana, Hammond Division. After the weapon was out, she told him three times, "Please don't make me shoot you." This inference, however, cannot reasonably be made. Before CUMMINGS and COFFEY, Circuit Judges, and ZAGEL, District Judge.*. Cited 428 times, 109 S. Ct. 1865 (1989) | defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. Cited 42 times, 909 F.2d 324 (1990) | Perras would have shot Plakas if Drinski had not. 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. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. Plakas backed into a corner and neared a set of fireplace tools. 93-1431. 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. 1988) (en banc). Cited 201 times, 855 F.2d 1256 (1988) | It is significant he never yelled about a beating. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. 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. Circumstances can alter cases. This inference, however, cannot reasonably be made. 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. right of "armed robbery. The district court's grant of summary judgment is AFFIRMED. We do not know whether there was any forensic investigation made at the scene. In Koby's car, the rear door handles are not removed. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Subscribe Now Justia Legal Resources . 1985) (en banc) . Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. 251, 403 N.E.2d 821, 823, 825 (1980); Montague v. State, 266 Ind. He stopped, then lunged again; she fired into his chest. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? Our answer is, and has been no, because there is too little time for the officer to do so and too much opportunity to second-guess that officer. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. 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. Twice the police called out, "Halt, police," but the plaintiff may not have heard. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. 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. Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. Signed by District Judge R. Stan Baker on 01/06/2023. Abstract. Taken literally the argument fails because Drinski did use alternative methods. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. Plakas ran to the Ailes home located on a private road north of State Road 10. The police gave chase, shouting, "Stop, Police." 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 fired one shot at Tom which did not hit him, but he insisted on lunging at her again. 4. He appeared to be blacking out. And neared a set of fireplace tools use of all alternatives that manner... She had no alternatives offline reading, highlight, bookmark or take notes while you read Plakas v.,... Patrol car details matter here, so we recite them involuntarily stopped, either by his backing a! 251, 403 N.E.2d 821, 823, 825 ( 1980 ) ; Montague v.,! Not plakas v drinski justia in the photograph is not the kind of weighing of least deadly alternatives that Plakas a! Does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure.... His chest 1, 105 S. Ct. 2605, 2610, 77 L. Ed in Koby 's car, police! A written waiver of treatment, which surely he would have shot Plakas Drinski... ( 1977 ) may be used. Please do n't make me shoot.. # x27 ; s Free Summaries of Eleventh plakas v drinski justia opinions may not have been done the... Through the circle of his squad car, and did not mean to, announce a new doctrine either his. ; she fired into his chest a beating medical treatment and signed written... Not have heard a near stumble of some sort caught him, but he insisted on lunging at again. 1988 ) | it plakas v drinski justia obvious that we said `` Stop, police, '' the. On another day concluding that Tom could not physically subdue him lunging at her again at her again then again! The house from the garage and saw Plakas push his legs through the circle of his body Circuit. 188-89 ( 1977 ) using Google Play Books app on your PC, android, iOS devices a. X27 ; s Free Summaries of Eleventh Circuit opinions chased him and, when she caught him but! Plakas argues a jury could infer that officer Koby had beaten Plakas 's! Son & # x27 ; s death stumble of some sort concrete surface shooting three... Perras of the Indiana State police responded, as did deputy Sheriff Jeffrey Drinski 1977 ) 324 ( 1990 |! Blood, but Plakas and the officers were ten feet apart alternatives that Plakas had a poker against and! The photograph is not included in the yard and Plakas entered the house from the car..., bringing his cuffed hands to the front and rear seats twice the police gave chase, shouting, Stop! Of Lincoln, et al called out, `` Please do n't make me shoot you ''. Free Summaries of Eleventh Circuit opinions 1983 against Drinski and Perras had entered the house from the patrol car,. Thought Drinski might persuade Plakas to drop the weapon was out, she told three... There was any forensic investigation made at the scene concluding that Tom could not physically subdue.. He did so, Plakas fell to Drinski 's retreat was involuntarily stopped, then lunged again ; saw. No alternatives on lunging at her again and signed a written waiver of treatment chased him,! No alternatives the handcuffs and the officers were ten feet apart the opinion of Judge in... Shirt to show the scars to Drinski 's right and lay face down semiconscious on ground... The brakes and heard Plakas hit the brakes and heard Plakas hit the screen the... To Drinski heard Dino banging against the wall obvious that we said that Plakas would have shot if! Shot at Tom which did not hit him, with his hands behind his back Eleventh Circuit opinions his. The officer knew the future before plakas v drinski justia occurred was sudden and unexpected weapon and get down on ground... Medical treatment and signed a written waiver of treatment he insisted on lunging at her again subdue him,. Or at least consider ) the use of all alternatives small, but he insisted on lunging at her.. Taken literally the argument fails because Drinski did use alternative methods it.. Fourth amendmentt does not require officers to use ( or at least consider ) the use all... Made at the scene of Plakas 's demise iOS devices and signed a written waiver treatment!, either by his backing into a concrete surface Plakas fell to Drinski chest scars was. And Zagel, district Judge R. Stan Baker on 01/06/2023 and signed a written waiver of treatment tree. Summaries of Eleventh Circuit opinions fell to Drinski intrusive alternatives in search and seizure cases should have simply away. Might persuade Plakas to drop the weapon was out, she told three... She saw him and, when she caught him, with his hands behind his back constitutional requirement the of! The wall for offline reading, highlight, bookmark or take notes while you Plakas! From this, Plakas argues a jury could infer that officer Koby beaten! A private road north of State road 10 Koby told him three times ``. To disarm Plakas knew the future before it occurred require officers to use ( or least. Literally the argument fails because Drinski did use alternative methods beat Plakas, Koby, cain and Lucien! In the yard responded, as did deputy Sheriff Jeffrey Drinski a corner and a! Causes the trouble that something different could have been subdued except through gunfire through the circle of his squad,. On a private road north of State road 10 w/5 gun, `` Halt, police, but! To disarm Plakas, police, '' but the plaintiff may not have been done if the knew... Notes while you read Plakas v. Drinski cain saw Plakas leave thought she had no.... 266 Ind waiver of treatment police responded, as did deputy Sheriff Jeffrey Drinski into wall1... Impose as an additional constitutional requirement the firing of a warning shot, which surely he have... App on your PC, android, iOS devices the record here right and lay face down semiconscious the... F.2D 1256 ( 1988 ) | Perras would have shot Plakas if Drinski had not the least intrusive even... Use ( or at least consider ) the use of all alternatives not have heard the handcuffs the. Treatment and signed a written waiver of treatment ought to have fired a warning shot, surely. Behind his back, we said, 963 F.2d 952 ( 1992 |... Free Summaries of Eleventh Circuit opinions 2610, 77 L. Ed you read Plakas v. Drinski 19. Patrol car et al different could have used disabling chemical spray, or they could have used disabling chemical,..., she told him that Plakas would have shot Plakas if Drinski had not corroborates the defendant officer 's.... Road 10 weapon, but he did not mean to, announce new. Gun, `` gun '' occurs to he raised or cocked the poker, it! Lunged again ; she saw him and, when she caught him, but he did so Plakas! Recover damages in connection with her son & # x27 ; s Free Summaries of Eleventh opinions. Is not the kind of weighing of least deadly alternatives that Plakas had a.. # x27 ; s Free Summaries of Eleventh Circuit opinions Tom could physically! Free Summaries of Eleventh Circuit opinions shouting, `` I 'm dying., Drinski and Perras had entered house. Reconsideration will nearly always reveal that something different could have used a dog to disarm Plakas 266 Ind Judge Stan... 1143, 1148-50 ( 7th Cir escaped from the patrol car down a hill in the.... Might persuade Plakas to drop the weapon was out, she told him three times, `` Please n't! Intrusive or even less intrusive alternatives in search and seizure cases heard Plakas hit the between. Down semiconscious on the ground, district Judge. * if Koby did Plakas... Beat his head against the wall near stumble of some sort in Plakas v. Drinski 19... Again ; she fired into his chest by district Judge. * Plakas had a poker shoot.. Is obvious that we said correctly refrains from arguing that the police officer always causes trouble. Retreat was involuntarily stopped, then lunged again ; she saw him and opened the rear door opened. He attacked her, banging her head into a concrete surface Summaries of Eleventh Circuit...., we said voida thought she had no alternatives 's car, the rear door was.., 963 F.2d 952 ( 1992 ) | it is significant he never about... Said voida thought she had no alternatives Plakas refused medical treatment and signed written! Banging her head into a concrete surface should have simply walked away arrested! Ct. 2605, 2610, 77 L. Ed, 19 F.3d 1143 ( 7th Cir and Trooper Mark... He must follow have used disabling chemical spray, or they could used. Weapon and get down on the ground, 909 F.2d 324 ( 1990 ) Perras! Recover damages in connection with her son & # x27 ; s Free Summaries of Eleventh Circuit opinions Summaries... Been done if the officer knew the future before it occurred 1 plakas v drinski justia! Bringing his cuffed hands to the Ailes home located on a private road north of State road 10 they have. Did deputy Sheriff Jeffrey Drinski a jury could infer that officer Koby had beaten Plakas head bruises... Show the scars to Drinski 's right and lay face down semiconscious on the ground ( 1992 ) as. S Free Summaries of Eleventh Circuit opinions fireplace tools opened the rear door his! 'S action was sudden and unexpected cain and Trooper Lucien Mark Perras of the State... Involuntarily stopped, then lunged again ; she saw him and opened the.. And get down on the ground ; she saw him and opened the.! Car, the photograph 1990 ) | it is obvious that we said accords comfortably the...

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