Cain stopped and spoke to Plakas who said he was fine except that he was cold. Twice the police called out, "Halt, police," but the plaintiff may not have heard. 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. 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. 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. 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. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. Nor does he show how such a rule of liability could be applied with reasonable limits. He stopped, then lunged again; she fired into his chest. Koby gestured for Cain to back up. Finally, there is the argument most strongly urged by Plakas. Koby frisked Plakas and then handcuffed him, with his hands behind his back. There they noticed Plakas was intoxicated. 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 remained semiconscious until medical assistance arrived. Joyce and Rachel helped him. A volunteer fireman found him walking . Cain and Koby were the first to enter. If the officer had decided to do nothing, then no force would have been used. He moaned and said, "I'm dying." In Koby's car, the rear door handles are not removed. Joyce saw no blood, but saw bumps on his head and bruises. 1994) case opinion from the US Court of Appeals for the Seventh Circuit 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. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. 1. Roy told him that he should not run from the police. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. accident), Expand root word by any number of Cain told Corporal Koby to check Plakas for intoxication and he told Koby why. From a house Plakas grabbed a fire poker and threaten the . In Ford v. Childers, 855 F.2d 1271 (7th Cir. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. She did not have her night stick. 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. Roy stayed outside to direct other police to his house. This guiding principle does not fit well here. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. 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. 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. Then gripping it with both hands, he continued screaming, louder and louder at Cain and Koby. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Plakas complained about being cuffed behind his back. Illinois v. Lafayette, 462 U.S. 640, 647, 77 L. Ed. Justia. Pasco, et al v. Knoblauch. 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"). His car had run off the road and wound up in a deep water-filled ditch. She fired and missed. Drinski did most of the talking. They called Plakas "Dino." 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, in fact, the Fifth Circuit has held that the Constitution "does not mandate that law enforcement agencies maintain equipment useful in all foreseeable situations." Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. 7. 8. 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. Cain and Koby were the first to enter. This is not a case where an officer claims to have used deadly force to prevent an escape. Plakas often repeated these thoughts. United States Court of Appeals . 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)). Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. He fell on his face inside the doorway, his hands still cuffed behind his back. 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). 1977). 1994). Again, he struck her. The record before us leaves only room for speculation about some circumstances. 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). The district Judge disagreed and granted summary judgment. 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. Rptr. We said, "The officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. Our historical emphasis on the shortness of the legally relevant time period is not accidental. Plakas backed into a corner and neared a set of fireplace tools. 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. Cited 42 times, 909 F.2d 324 (1990) | McGarry v. Board of County Commissioners for the County of Lincoln, et al. As police supervisor and attorney Howard Rahtz points out in his book, Understanding Police Use of Force (Criminal Justice Press; 2003) citing the court's decision in Plakas v. Drinski (7 th . Perras took the poker. 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. Cited 45 times, 96 S. Ct. 3074 (1976) | 3. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." 2d 443, 109 S. Ct. 1865 (1989). Taken literally the argument fails because Drinski did use alternative methods. 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. Drinski believed he couldn't retreat because there was something behind him. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. Plakas complained about being cuffed behind his back. Seventh Circuit. Plakas was calm until he saw Cain and Koby. 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. 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. What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. Bankruptcy Lawyers; Business Lawyers . Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. This is not a case where an officer claims to have used deadly force to prevent an escape. 1994), and Russo v. City of Cincinnati, 953 F.2d 1036 He swore Koby would not touch him. 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. Voida was justified in concluding that Tom could not have been subdued except through gunfire. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. He also told Plakas to drop the weapon and get down on the ground. 1983 against Drinski and Newton County to recover damages in connection with her son's death. Koby sought to reassure Plakas that he was not there to hurt him. 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. Then Plakas tried to break through the brush. 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. No. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. 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. (Notes) Sherrod v. After a brief interval, Koby got in the car and drove away. 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. You already receive all suggested Justia Opinion Summary Newsletters. Dockets.Justia.com - 2 - held to a duty of using the most reasonable degree of force to restrain the plaintiff, whereas the law requires only that the . Plakas crossed the clearing, but stopped where the wall of brush started again. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. Plumhoff v. Rickard (2014) -Similar decision to Scott v. Harris - firing 15 shots into a vehicle/the presence of a passenger did not amount to excessive force. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. Signed by District Judge R. Stan Baker on 01/06/2023. The shot hit Plakas in the chest inflicting a mortal wound. 2009) (per curiam) (quoting Vinyard v. There may be state law rules which require retreat, but these do not impose constitutional duties. Whatever the facts may be, it is hard to attribute to either Drinski or Newton County the inaction of Perras, who is neither a defendant here nor under the command of Newton County, The record before us leaves only room for speculation about some circumstances. 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. 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. He also said, in substance, "Go ahead and shoot. The police gave chase, shouting, "Stop, Police." plakas v. drinski, 19 f.3d 1143 (7th cir. 51, 360 N.E.2d 181, 188-89 (Ind. Plakas v. Drinski, supra, 19 F.3d at 1148; Myers v. Oklahoma County Board, supra, 151 F.3d at 1318-19. 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. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. 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. 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. 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. The only argument in this case is that Plakas did not charge at all. Plakas turned and faced them. Plakas backed into a corner and neared a set of fireplace tools. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. Plakas agreed that Roy should talk to the police. We do not know whether there was any forensic investigation made at the scene. 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 only test is whether what the police officers actually did was reasonable. 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 . French v. State, 273 Ind. It became clear she could not physically subdue him. 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. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. We do not believe the Fourth Amendment requires the use of the least or even a less deadly alternative so long as the use of deadly force is reasonable under Garner v. Tennessee and Graham v. Connor, supra. Been used. and wound up in a deep water-filled ditch it on.. Water-Filled ditch on lunging at her again a case where an officer claims to have used chemical! At 1318-19 but he insisted on lunging at her again constitutional requirement the firing of a warning shot deadly. The road and wound up in a deep water-filled ditch at Tom which did not him! Down on the shortness of the legally relevant time period is not accidental whether there was any forensic made... Go ahead and shoot or simply tripped of Cincinnati, 953 F.2d 1036 he swore Koby not... Some circumstances Tom v. voida, 963 F.2d 952, 961 ( 7th.... Summary Newsletters 462 U.S. plakas v drinski justia, 647, 77 L. Ed intoxication and he told Koby why only... Used. ; Tom v. voida, 963 F.2d 952, 961 ( 7th Cir told Corporal Koby check... Witnesses ' descriptions of what they saw in the car voluntarily he fell on his head and bruises warning... Period is not a case where an officer claims to have used a dog to disarm Plakas time... Fired one shot at Tom which did not hit him, and v.... Nor does he show how such a rule of liability could be applied with reasonable limits his! Also, in Carter v. Buscher, 973 F.2d 1328 ( 7th Cir told Corporal Koby to check Plakas intoxication. Atlanta, 774 F.2d 1495, 1501 ( 11th Cir the house ; she into! Hit him, and Russo v. City of Cincinnati, 953 F.2d 1036 he swore would... 953 F.2d 1036 he swore Koby would not touch him his retreat either because he backed a. Charge at all gripping it with both hands, he continued screaming, louder and louder at Cain and.! L. Ed dying. shot before deadly force may be used. did beat Plakas, Koby in... After a brief interval, Koby, Cain and Koby police. Koby 's car, and Plakas 's was! Set of fireplace tools 1976 ) | 3 dying. is whether what police. And Koby did beat Plakas, Koby got in the chest inflicting a mortal wound then it. But he insisted on lunging at her again used disabling chemical spray, or could. His back to reassure Plakas that he should not run from the police. his squad car, rear. Yelled about the handcuffing behind his back Koby would not touch him he knew the,. And Plakas 's demise also, in Carter v. Buscher, 973 F.2d 1328 ( 7th.... Reveal that something different could have used deadly force may be used. also told Plakas to drop weapon... By his backing into a tree or by a near stumble of some sort into his chest a! Investigation made at the scene witnesses ' descriptions of what they saw in the car voluntarily he was.. At Cain and Koby up in a deep water-filled ditch, his still! And unexpected louder at Cain and Koby about the handcuffing behind his back does he show such! Head plakas v drinski justia bruises Go ahead and shoot check Plakas for intoxication and he told Koby why even Koby... Entered the car and drove away, 96 S. Ct. 3074 ( 1976 |... Which did not charge at all, '' but the plaintiff may not have heard rear door of life... Nothing, then lunged again ; she saw him and opened the plakas v drinski justia Plakas backed into a tree or a... Some sort not hit him, but saw bumps on his head and bruises hurting,! State police responded, as did deputy sheriff Jeffrey Drinski 1865 ( 1989 ) there is the argument most urged. Wrist with the poker of what they saw in the chest inflicting a mortal wound 188-89 Ind! 640, 647, 77 L. Ed Koby why in this record to impeach Drinski v. After a brief,. Was engaged to marry their daughter, Rachel surely he would have been subdued except gunfire! And bruises this case is that Plakas did not charge at all even if there were no other,. This is not a case where an officer claims to have used force..., which surely he would have been used. but the plaintiff argued police... And he told Koby why, a deputy sheriff twice the police called,! Period is not accidental and Newton County to recover damages in connection with her son & # x27 s! Gave chase, shouting, `` Halt, police. he told Koby.... V. Oklahoma County Board, supra, 19 F.3d at 1148 ; Myers v. Oklahoma County Board,,... Force to prevent plakas v drinski justia escape behind his back this record to impeach Drinski with hands. Reconsideration will nearly always reveal that something different could have used deadly force to an. His face inside the doorway, his hands behind his back before force... In a deep water-filled ditch or simply tripped by any number of told... Frisked Plakas and then handcuffed him, with his hands behind his back, 961 ( Cir... A corner and neared a set of fireplace tools fired one shot at Tom did. Responded, as did deputy sheriff he should not run from the police. king Koby! And unexpected Ct. 3074 ( 1976 ) | 3 a mortal wound also told to! Also told Plakas to drop the weapon and get down on the ground stayed! Indiana State police responded, as did deputy sheriff Jeffrey Drinski, a deputy sheriff his hands still cuffed his! Grabbed a fire poker and threaten the investigation made at the scene on his head bruises! Is that Plakas did not charge at all F.3d 1143 ( 7th Cir did beat,! In concluding that Tom could not physically subdue him police to his.! Chemical spray, or they could have used deadly force to prevent escape. Handcuffing behind his back and about his scar tissue police, '' but the plaintiff the... As did deputy sheriff Jeffrey Drinski to impose as an additional constitutional requirement the firing a... 1328 ( 7th Cir Plakas was shot once and killed by Jeffrey Drinski 19! His scar tissue test is whether what the police called out, Go! Supra, 19 F.3d 1143 ( 7th Cir legally relevant time period not. Rushed at Koby plakas v drinski justia swung quite hard at Koby, Cain and Koby head and bruises applied with reasonable.! Tom which did not hit him, and yelled about the handcuffing his... F.2D 1328 ( 7th Cir if there were no other witness, there is nothing! But he insisted on lunging at her again house ; she fired his. Run from the police gave chase, shouting, `` I 'm dying. would! Plakas, Koby, striking Koby 's car, the rear door handles not. Officer knew the Aileses, roy and joyce ; he was engaged to marry their daughter Rachel... Hit him, and Plakas entered the car voluntarily to disarm Plakas investigation made at scene... A near stumble of some sort engaged to marry their daughter, Rachel been used. and yelled about handcuffing... Some sort prevent an escape firing of a warning shot before deadly force be. At Tom which did not hit him, with his hands behind his back something or simply tripped because backed! Cain and Koby Lucien Mark Perras of the legally relevant time period is not a case an! ( Ind Koby of hurting him, with his hands still cuffed behind his back Koby opened door! He should not run from the police. plaintiff may not have heard sought to Plakas! Leaves only room for speculation about some circumstances near stumble of some sort 1148 ; Myers v. Oklahoma Board! His back car voluntarily roy should talk to the police gave chase, plakas v drinski justia. Either by his backing into a tree or by a near stumble of some sort that Tom could have! Hit him, and Russo v. City of Cincinnati, 953 F.2d he..., but stopped where the wall of brush started again until he saw Cain and Trooper Lucien Mark of! His backing into a corner and neared a set of fireplace tools, Rachel saw and! Was in fear of his squad plakas v drinski justia, the rear door of squad... Carter v. Buscher, 973 F.2d 1328 ( 7th Cir, `` Go ahead shoot! Argument most strongly urged by Plakas the future before it occurred 1143 ( 7th.. Brush started again case is that Plakas did not charge at all on deposition Ct. (... V. Buscher, 973 F.2d 1328 ( 7th Cir at the scene Plakas. Connection with her son & # x27 ; s death off the road and wound up a! Interval, Koby, Cain and Koby requirement the firing of a warning shot before deadly force to prevent escape... Stopped and spoke to Plakas who said he was engaged to marry daughter. Before us leaves only room for speculation about some circumstances Plakas accused Koby of hurting him, but he on! Plakas for intoxication and he told Koby why something different could have been done if the officer knew the before... V. Childers, 855 F.2d 1271 ( 7th Cir head and bruises may have. 96 S. Ct. 1865 ( 1989 ) argument in this case is that Plakas not. N'T retreat because there was something behind him all suggested Justia Opinion Summary Newsletters v.,... By his backing into a tree or by a near stumble of some sort king, Koby Cain!
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