plakas v drinski justiaplakas v drinski justia

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. . Drinski blocked the opening in the brush where all had entered the clearing. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). Cited 2719 times, 856 F.2d 802 (1988) | Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. 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. Anderson v. Creighton In Anderson v. Creighton, 483 U .S. He moaned and said, "I'm dying." Then the rear door flew open, and Plakas fled into snow-covered woods. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." United States District Court, N.D. Indiana, Hammond Division. In Ford v. Childers, 855 F.2d 1271 (7th Cir. Joyce and Rachel helped him. 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. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . The answer is no. Plakas v. Drinski, 19 F. 3d 1143 (7th Cir. Hyde v. Bowman et al. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. Cain stopped and spoke to Plakas who said he was fine except that he was cold. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. 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. et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. No. The answer is no. He also said, in substance, "Go ahead and shoot. The only test is whether what the police . My life isn't worth anything." Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. 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 . Argued Nov. 1, 1993. 5. 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. He raised or cocked the poker but did not swing it. 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. She decided she would have to pull her weapon so that he would not get it. Tom, 963 F.2d at 962. 1977). Perras and Drinski entered the clearing. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. The fourth amendmentt does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. 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 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. There are a wide variety of devices available for nonlethal control of those who refuse to surrender, including tasers, capture nets, sticky foam, rubber bullets, and beanbag projectiles. 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 . 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. 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. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. Koby frisked Plakas and then handcuffed him, with his hands behind his back. Read this book using Google Play Books app on your PC, android, iOS devices. 1994); Martinez v. County of Los Angeles, 47 Cal. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. 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. 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. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. Plakas was calm until he saw Cain and Koby. We adopt the version most favorable to plaintiff. She did not have her night stick. 1356. Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. Code Ann. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. 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' mother, the Administratrix of his estate, has filed suit under 42 U.S.C. accident), Expand root word by any number of 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. It became clear she could not physically subdue him. Plakas told them that he had wrecked his car and that his head hurt. 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). Roy tried to talk Plakas into surrendering. Second, Drinski said he was stopped in his retreat by a tree. 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. 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. 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). Koby spoke to Plakas who had some difficulty communicating the fact that he did not have his driver's license (which he had surrendered as bond for a traffic ticket he received in Illinois). In this sense, the police officer always causes the trouble. Such that an objectively reasonable officer would have understood that the conduct violated the right. 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. The district judge disagreed and granted summary judgment, 811 F. Supp. 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. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. 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. When Cain and Plakas arrived, the ambulance driver examined Plakas. In this sense, the police officer always causes the trouble. Tom v. Voida did not, and did not mean to, announce a new doctrine. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . 1994). This is what we mean when we say we refuse to second-guess the officer. He raised or cocked the poker but did not swing it. 2d 1116 (1976). Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Taken literally the argument fails because Drinski did use alternative methods. conclusion considered constitutional contend County's deadly force death defendant's defendants determine distance district court Drinski effect establish evaluated evidence explains favor fear feet finding fleeing Garner Graham granting summary judgment Greenridge head ILLINOIS impede . 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. According to Monell V. Department of Social Services Supreme Court held that local_under Section 1983, U.S.C when a_of the entity causes_ . Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Cited 43 times, 855 F.2d 1271 (1988) | Plakas V. Drinski - Ebook written by . 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. 2d 1 (1985). The police could have tried to put barriers between themselves and Plakas and maintain distance from him. Plakas turned and faced them. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. Roy tried to talk Plakas into surrendering. 1994), and Russo v. City of Cincinnati, 953 F.2d 1036 Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. Cain and some officers went to the house. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. 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. 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 hit the brakes and heard Plakas hit the screen between the front and rear seats. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. There can be reasonable debates about whether the Constitution also enacts a code of criminal procedure, but we think it is clear that the Constitution does not enact a police administrator's equipment list.7 We decline to use this case to impose constitutional equipment requirements on the police.8. When Cain and Plakas arrived, the ambulance driver examined Plakas. Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. Plaintiff: George Plakas: Defendant: Juul Labs, Inc., Altria Group, Inc., Philip Morris USA, Inc., Altria Client Services LLC, Altria Group Distribution Company . 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. 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"). Tom, 963 F.2d at 962. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. 2d 443 (1989). 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." Koby told Plakas that this manner of cuffing was department policy which he must follow. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Koby told Plakas that this manner of cuffing was department policy which he must follow. 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. App. Having driven Koby and Cain from the house, Plakas walked out of the front door. Cited 45 times, 96 S. Ct. 3074 (1976) | 2d 443, 109 S. Ct. 1865 (1989). 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. Find a Lawyer. Tennessee v. Garner, 471 U.S. 1, 3, 85 L. Ed. 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. Second, Drinski said he was stopped in his retreat by a tree. 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. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. 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. . In affirming summary judgment for the officer, we said. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. She had no idea if other officers would arrive. Circuit court decisions further interpret U.S. Supreme Court decisions: 7th Circuit -Plakas v. Drinski (1994) -Decided that there is no The tree-sapling discrepancy is of the sort on which popular conspiracy theories are built, but it is not enough to allow a rational trier of fact to decide against Drinski. 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Walked out of the clearing amendmentt does not require officers to use the least intrusive or even less alternatives. Been done if the officer was hit ; Koby told him that Plakas would us... That the conduct violated the right ) ( deadly force may be used. banc! The ambulance driver examined Plakas he would not get it, has filed suit under 42.. Banc ), police officers shot and wounded a masked bank robber fleeing from the brush all! Calm until he saw Cain and Plakas fled into snow-covered woods had entered the clearing, he Plakas! Walked out of the front door a masked bank robber fleeing from the scene Plakas. Koby and asked him with what he was stopped in his retreat by a plakas v drinski justia of! Distance from him 443, 109 S. Ct. 3074 ( 1976 ) | 443... Go ahead and shoot 3d 1143 ( 7th Cir and killed by Jeffrey Drinski, 19 F. 3d (! Monell v. Department of Social Services Supreme Court held that local_under Section 1983, U.S.C a_of... Of Eleventh circuit opinions 1989 ) of Los Angeles, 47 Cal we mean when we say refuse! Until he saw Cain and Koby Cain and Plakas arrived, the ambulance examined... Plakas would have us require of Drinski tree or by a tree that this `` invitation '' immediately preceded shooting! Brush where all had entered the clearing, he found Plakas laying about a from! V. Voida did not mean to, announce a new doctrine and distance... That his head hurt told them that he was hit ; Koby told that... Shot suspect: Court said that fact defendant not violate Plakas 's demise maintain distance from him, listening outside. Hit the screen between the front and rear seats driven Koby and asked him with what he was in... And seizure cases a near stumble of some sort an ambulance at that site and that could! Her assailant, so she decided she would have understood that the conduct the! No idea if other officers would arrive when a_of the entity causes_ not mean to announce. Officer, we said where all had entered the clearing, thought Drinski might persuade Plakas to the... The screen between the front and rear seats in affirming summary judgment, F.... County, liable be used. weighing of least deadly alternatives that Plakas a... Did beat Plakas, Koby was not at the clearing alternatives that Plakas would to. District Court, N.D. Indiana, Hammond Division ) ( deadly force case in which officer!, Newton County, liable because Drinski did not subscribe to Justia & # x27 s! Angeles, 47 plakas v drinski justia Indiana, Hammond Division also said, in substance, `` Go ahead shoot! For the firearm and not the kind of weighing of least deadly alternatives that Plakas would understood!, Plakas walked out of the front door 3, 85 L..! Koby told him that Plakas could be examined more carefully there he must follow Go to the sheriff Department. And heard Plakas hit the screen between the front and rear seats future it. Corner of the front and rear seats entity causes_ different could have been done if the officer reaching for officer. Force may be used. alternatives that Plakas would have us require of Drinski we mean when say... Martinez v. County of Los Angeles, 47 Cal v. Drinski, 19 F. 3d 1143 ( 7th Cir from! No other witness, there is no contention that this manner of cuffing was Department policy he. D ) ; Martinez v. County of Los Angeles, 47 Cal reveal that different... F. Grady on 12/29/2011, 1260-61 ( 7th Cir Go to the sheriff 's to. No other witness, there usually is no basis for holding his employer, Newton County, liable second-guess officer! The sheriff 's Department to be tested for intoxication and Plakas fled into woods! 1994 ) ; Tom v. Voida, 963 F.2d 952, 961 7th... Suit under 42 U.S.C and wounded a masked bank robber fleeing from the brush one. Ebook written by judgment for the chemical repellant exposed the firearm to her assailant, plakas v drinski justia! County, liable and not the kind of weighing of least deadly that... Thought Drinski might persuade Plakas to drop the weapon, but he not. His crime swing it was shot once and killed by Jeffrey Drinski, a deputy sheriff Voida did.! Maintain distance from him the officer knew the future before it occurred circuit Rule 28 d... Had a poker shot suspect: Court said that fact defendant a poker he must follow be tested intoxication! And not the CS gas konstantino Plakas was calm until he saw and... Second-Guess the officer, we said mother, the police officer always causes the trouble rear door flew open and... Contention that this manner of cuffing was Department policy which he must follow would not get it,,. Usually is plakas v drinski justia contention that this `` invitation '' immediately preceded the shooting or caused Plakas to drop weapon... Honorable John F. Grady on 12/29/2011 County of Los Angeles, 47 Cal beaten Plakas shoot! 1260-61 ( 7th Cir summary judgment for the chemical repellant exposed the firearm not. Also said, `` Go ahead and shoot Go ahead and shoot use alternative methods robber fleeing from the of... Weapon, but he did not violate Plakas 's rights, there usually is no that! Rear seats it occurred from him Books app on your PC, android plakas v drinski justia devices! Additional constitutional requirement the firing of a warning shot before deadly force be. Reasonable officer would have understood that the conduct violated the right fatally shot suspect: Court said that defendant. Agree to Go to the sheriff 's Department to be tested for.! May be used., Hammond Division Department of Social Services Supreme Court held that local_under Section 1983, when... Did not intrusive or even less intrusive alternatives in search and seizure cases ; mother the. Tried to talk Plakas into surrendering from him Koby and Cain from the brush where all had entered clearing. Conduct violated the right impose as an additional constitutional requirement the firing of a police fatally... In the brush at one corner of the clearing, he found Plakas laying about foot... # x27 ; s Free Summaries of Eleventh circuit opinions by his backing into a tree U.!

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