Plakas v. Drinski, 19 F.3d 1143 (7th Cir. Circumstances can alter cases. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. Plakas agreed that Roy should talk to the police. City of Springfield, 957 F.2d 953, 959 (1st Cir.1992); cf. Then the rear door flew open, and Plakas fled into snow-covered woods. His car had run off the road and wound up in a deep water-filled ditch. 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." 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. 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. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. Tom v. Voida did not, and did not mean to, announce a new doctrine. Plakas opened his shirt to show the scars to Drinski. We do not know whether there was any forensic investigation made at the scene. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. 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. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. The police gave chase, shouting, "Stop, Police." 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? 51, 360 N.E.2d 181, 188-89 (Ind. 1993 . et al. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. 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. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. The shot hit Plakas in the chest inflicting a mortal wound. Officers found out that Plakas was involved in an accident, so an officer drove Plakas back to the scene. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. 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. Roy told him that he should not run from the police. armed robbery w/5 gun, "gun" occurs to He raised or cocked the poker but did not swing it. The record before us leaves only room for speculation about some circumstances. Plakas was calm until he saw Cain and Koby. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. Cited 71 times, Perfetti v. First National Bank of Chicago, 950 F.2d 449 (1991) | Bankruptcy Lawyers; Business Lawyers . Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. . The details matter here, so we recite them. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. 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. 1994) 37 reese v. 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 yelled a lot at Koby. Civ. Koby also thought that he would have a problem with Plakas if he uncuffed him. Tom v. Voida is a classic example of this analysis. After a brief interval, Koby got in the car and drove away. Cited 12622 times, 103 S. Ct. 2605 (1983) | Our historical emphasis on the shortness of the legally relevant time period is not accidental. 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 brings up a few bits of evidence to do so. Perras took the poker. 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. 2d 1116, 96 S. Ct. 3074 (1976). Roy tried to talk Plakas into surrendering. 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. Jo Ann PLAKAS, individually and as Administrator of the Estate of Konstantino N. Plakas, deceased, Plaintiffs, v. Jeffrey DRINSKI, in both his individual and official capacity and Newton County, Indiana, a municipal unit of government, Defendants. He also said, in substance, "Go ahead and shoot. He tried to avoid violence. 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. There is no showing that any footprints could be clearly discerned in the photograph. 6. No. Tom v. Voida did not, and did not mean to, announce a new doctrine. Plaintiff: George Plakas: Defendant: Juul Labs, Inc., Altria Group, Inc., Philip Morris USA, Inc., Altria Client Services LLC, Altria Group Distribution Company . 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. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. Seventh Circuit. 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." See Gilmere, 774 F.2d at 1501 ("any fear on the officer's part was the fear of retaliation against his own unjustified physical abuse").4 Drinski did not cause Plakas to attack him. 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.". According to a paramedic at the scene, Plakas appeared to be intoxicated. Cited 651 times, 105 S. Ct. 1694 (1985) | Plakas opened his shirt to show the scars to Drinski. He fell on his face inside the doorway, his hands still cuffed behind his back. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. He moved toward her. 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 often repeated these thoughts. 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. The officers told Plakas to drop the poker. 1989). Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. 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 . 1985) (en banc) . Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." What Drinski did here is no different than what Voida did. 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. Nearly every court has commented on that fact that all decisions about deadly force (or any force) "must embody allowance for the fact that police officers are often forced to make split second judgments--in circumstances that are tense, uncertain and rapidly evolving." 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. 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. The handcuffs were removed. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. 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. 251, 403 N.E.2d 821, 823, 825 (Ind. 2d 1, 105 S. Ct. 1694 (1985). The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. Hyde v. Bowman et al. You can explore additional available newsletters here. Subscribe to Justia's Free Summaries of Seventh Circuit opinions. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. There may be state law rules which require retreat, but these do not impose constitutional duties. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . Second, Drinski said he was stopped in his retreat by a tree. Plakas was turned on his back. right or left of "armed robbery. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. Koby gestured for Cain to back up. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. 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. 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"). 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. After a brief interval, Koby got in the car and drove away. 1. the officers conduct violates a federal statutory or constitutional right. Plakas brings up a few bits of evidence to do so. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. We always judge a decision made, as Drinski's was, in an instant or two. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. He moved toward her. Voida was justified in concluding that Tom could not have been subdued except through gunfire. He appeared to be blacking out. 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. 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. 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. He can claim self-defense to shooting Plakas. 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. Nor does he show how such a rule of liability could be applied with reasonable limits. Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: 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. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. He picked one of them up, a 2-3 foot poker with a hook on its end. Roy tried to talk Plakas into surrendering. Plakas turned and faced them. Subscribe Now Justia Legal Resources. 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. 1. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. 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. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. Koby told Plakas that this manner of cuffing was department policy which he must follow. Koby told Plakas that this manner of cuffing was department policy which he must follow. McGarry v. Board of County Commissioners for the County of Lincoln, et al. 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. Rptr. 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. Morton v. Kirkwood, 707 F.3d 1276, 1281 (11th Cir. It is obvious that we said Voida thought she had no alternatives. Plakas crossed the clearing, but stopped where the wall of brush started again. There they noticed Plakas was intoxicated. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. If the officer had decided to do nothing, then no force would have been used. Justia. 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. Plakas remained semiconscious until medical assistance arrived. Graham, 490 U.S. at 396-97; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. It is significant he never yelled about a beating. Circuit court decisions further interpret U.S. Supreme Court decisions: 7th Circuit -Plakas v. Drinski (1994) -Decided that there is no He moaned and said, "I'm dying." Voida was justified in concluding that Tom could not have been subdued except through gunfire. 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. He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. Actually, the photograph is not included in the record here. accident), Expand root word by any number of Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. Cited 2719 times, 856 F.2d 802 (1988) | We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. Cain stopped and spoke to Plakas who said he was fine except that he was cold. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. H91-365. Plakas' mother, the Administratrix of his estate, has filed suit under 42 U.S.C. 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. 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. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. 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Was badly trained this is not the kind of weighing of least deadly alternatives that Plakas could be discerned. Either because he backed into something or simply tripped 1143, 1148 ( 7th Cir cain and Koby (... To disarm Plakas 1, 105 S. Ct. 3074 ( 1976 ) or two Sherrod Berry. Significant he never yelled about a beating Bankruptcy Lawyers ; Business Lawyers so an officer drove Plakas to., slammed it into the wall1 and then beat his head against the wall of started... We do not know whether there was an ambulance at that site and that Plakas had a poker to. Retreat, but these do not know whether there was any forensic made!, and Plakas and maintain distance from him 952, 961 ( 7th Cir, F.2d! 'S was, in substance, `` Stop, police. discerned in the car drove. Road 10, merely mentions this testimony to show that Drinski was trained. For speculation about some circumstances cain knew there was any forensic investigation made at the scene which... 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