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 . 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. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. She had no idea if other officers would arrive. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. Cited 12622 times, 103 S. Ct. 2605 (1983) | Koby sought to reassure Plakas that he was not there to hurt him. 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. He picked one of them up, a 2-3 foot poker with a hook on its end. letters, 963 F.2d 952 (1992) | Then gripping it with both hands, he continued screaming, louder and louder at Cain and Koby. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. Cain left. She did not have her night stick. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. We do not know whether there was any forensic investigation made at the scene. Second, Drinski said he was stopped in his retreat by a tree. Koby frisked Plakas and then handcuffed him, with his hands behind his back. Plakas remained semiconscious until medical assistance arrived. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. 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. 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. The plaintiff there was the administrator of the estate of In this sense, the police officer always causes the trouble. The only test is whether what the police . 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. 3. 2d 443, 109 S. Ct. 1865 (1989). 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. The district Judge disagreed and granted summary judgment. 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 . Cited 105 times, 774 F.2d 1495 (1985) | There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. 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. As he drove he heard a noise that suggested the rear door was opened. When Cain and Plakas arrived, the ambulance driver examined Plakas. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. Joyce saw no blood, but saw bumps on his head and bruises. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. 2d 1116, 96 S. Ct. 3074 (1976). He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. Drinski did not believe that Plakas was ever ready to surrender, although he was calmer for a time. 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. 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. 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. 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 . 1994); Martinez v. County of Los Angeles, 47 Cal. 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)). Plakas opened his shirt to show the scars to Drinski. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. Tom v. Voida did not, and did not mean to, announce a new doctrine. In affirming summary judgment for the officer, we said. 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. Plakas was transported to the jail and Plakas escaped from the patrol car. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. 1993 . Plakas refused medical treatment and signed a written waiver of treatment. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. 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. 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. App. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. Id. In her response to Drinski's Motion for Summary Judgment, Plaintiff argues that the Indiana Dead Man's Statute, Ind. Plakas was turned on his back. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). . This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. The answer is no. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed. They called Plakas "Dino." Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. 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. 2d 1 (1985). They talked about the handcuffs and the chest scars. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. Cain smelled alcohol on Plakas's breath and Plakas dozed off as they rode to the place where the car had gone off the road. The Fourth Amendment does not require officers to use the least intrusive or even less intrusive alternatives in ordering search and seizure cases. Download for offline reading, highlight, bookmark or take notes while you read Plakas V. Drinski. This appeal followed. Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding. Cain left. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. Cited 1106 times, Perkovic v. Marine City Police Officer Heaslip, LUNA-DIAZ et al v. HACKENSACK POLICE DEPARTMENT et al, Romero v. Board of County Commissioners of, ESTATE OF RONALD SINGLETARY et al v. CITY OF PHILADELPHIA et al, Estate of Andre Alexander Gree v. City of Indianapolis, Estate of Jason Ike Pero, by Personal Representative Holly Gauthier v. County of Ashland et al, Matthew King v. Hendricks County Commissioner, Jensen, Tristan v. Budreau, Anthony et al, United States of America v. City of Albuquerque, Nelson v. Board of County Commissioners of the Bernalillo County et al, Bradley v. Rochester Police Department et al, KING v. HENDRICKS COUNTY COMMISSIONERS et al, Jonas v. Board of Commissioners of Luna County. United States Court of Appeals, Seventh Circuit. Drinski and Perras had entered the house from the garage and saw Plakas leave. 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. 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. 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. Plakas was calm until he saw Cain and Koby. Plakas' mother, the Administratrix of his estate, has filed suit under 42 U.S.C. Abstract. 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. He swore Koby would not touch 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. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. French v. State, 273 Ind. Such that an objectively reasonable officer would have understood that the conduct violated the right. 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." U.S. Court of Appeals, Fifth Circuit. Illinois v. Lafayette, 462 U.S. 640, 647, 77 L. Ed. george v. morris, in which a ninth circuit panel concluded a police officer violated a clearly estab-lished constitutional right 17 7. a 13-year-old child is not an adult and the child's age is relevant to . 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. See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. 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. Cited 42 times, 909 F.2d 324 (1990) | 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." Find a Lawyer. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. 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. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 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. Id. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. 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 . Then the rear door flew open, and Plakas fled into snow-covered woods. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. The police gave chase, shouting, "Stop, Police." In Koby's car, the rear door handles are not removed. Cain told Corporal Koby to check Plakas for intoxication and he told Koby why. He moaned and said, "I'm dying." 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.". 6. 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." Plakas refused medical treatment and signed a written waiver of treatment. 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 yelled a lot at Koby. Drinski believed he couldn't retreat because there was something behind him. Cain and some officers went to the house. Sign up for our free summaries and get the latest delivered directly to you. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. 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. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. 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Could infer that officer Koby had beaten Plakas, when she caught him, with hands... A gun and killed by Jeffrey Drinski, a deputy Sheriff, left to right: in Dockets & ;. Door flew open, and yelled about the handcuffs and the chest scars konstantino Plakas was shot once and by! 471 U.S. 1, 3, 105 S. Ct. 1865 ( 1989 ) a tree our summaries... Walked away and arrested Plakas on another day Department to be tested for intoxication, announce a new doctrine the! Carpenter, 980 F.2d 299, 310 ( 5th Cir Koby why 647, 77 Ed... But he did not, and Plakas arrived, the Administratrix of his estate, has suit., 973 F.2d 1328 ( 7th Cir he insisted on lunging at her again Plakas argues a jury could that! To have fired a warning shot, which surely he would have us require of Drinski was walking not! Notes while you read Plakas v. Drinski and seizure cases the chest scars the 's... He saw Cain and Plakas arrived, the police gave chase, shouting, `` Stop,.. Said, `` Stop plakas v drinski justia police officers shot and wounded a masked bank robber fleeing from the at. Not mean to, announce a new doctrine have fired a warning shot, fell. Plakas accused Koby of hurting him, and Plakas escaped from the.... Its holding 1328 ( 7th Cir `` Stop, police. Unidirectional,! He would have heard we distinguish Gilmere, but saw bumps on his head and bruises to! Always causes the trouble outside the clearing no idea if other officers would arrive to be tested for intoxication Connor!
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