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. 7. She had no idea if other officers would arrive. Tom v. Voida did not, and did not mean to, announce a new doctrine. 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. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. This guiding principle does not fit well here. In Ford v. Childers, 855 F.2d 1271 (7th Cir. Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: 2d 1116 (1976). Filing 82. In Koby's car, the rear door handles are not removed. The clearing was small, but Plakas and the officers were ten feet apart. Dockets & Filings. 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. 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"). Id. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. Argued Nov. 1, 1993. At one point, Plakas lowered the poker but did not lay it down. Plakas backed into a corner and neared a set of fireplace tools. 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. 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. The handcuffs were removed. 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. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. 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. H91-365. What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. Plakas died sometime after he arrived at the hospital. Koby told Plakas that this manner of cuffing was department policy which he must follow. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. He also told Plakas to drop the weapon and get down on the ground. 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. Then the rear door flew open, and Plakas fled into snow-covered woods. Then Plakas tried to break through the brush. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. 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. 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. Voida was justified in concluding that Tom could not have been subdued except through gunfire. 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. There they noticed Plakas was intoxicated. 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 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. Roy told him that he should not run from the police. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. The time-frame is a crucial aspect of excessive force cases. 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. 1998); Plakas v. Drinski, supra, 19 F.3d at 1150 n. 6, but if so the failure to adopt those measures would not be more than negligence, which is not actionable under section 1983. . 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. Joyce saw no blood, but saw bumps on his head and bruises. Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. Circuit court decisions further interpret U.S. Supreme Court decisions: 7th Circuit -Plakas v. Drinski (1994) -Decided that there is no Id. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Cain stopped and spoke to Plakas who said he was fine except that he was cold. right of "armed robbery. In this sense, the police officer always causes the trouble. Rptr. 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." Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Plakas v. Drinski, 19 F.3d 1143, 1146 (7th Cir. The only argument in this case is that Plakas did not charge at all. They noticed that his clothes were wet. 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 did agree to go to the Sheriff's Department to be tested for intoxication. The time-frame is a crucial aspect of excessive force cases. 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. 93-1431. 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." Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. Subscribe to Justia's Free Summaries of Seventh Circuit opinions. Plakas was transported to the jail and Plakas escaped from the patrol car. Plakas crossed the clearing, but stopped where the wall of brush started again. Plakas often repeated these thoughts. Then Plakas tried to break through the brush. Again, he struck her. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. There may be state law rules which require retreat, but these do not impose constitutional duties. . We adopt the version most favorable to plaintiff. She had no idea if other officers would arrive. This guiding principle does not fit well here. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. Through an opening in the brush was a clearing. But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. This appeal followed. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. Having driven Koby and Cain from the house, Plakas walked out of the front door. 34-1-14-6 (West 1983), bars Drinski and fellow officers, Buddy King, David Koby, and other deputies, officers, and employees of Newton County, Indiana from testifying to any statements or occurrences which took place . Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. 1989), There are a wide variety of devices available for non-lethal control of those who refuse to surrender, including tasers, capture nets, sticky foam, rubber bullets, and beanbag projectiles. 1994). Roy told him that he should not run from the police. The only witnesses to the shooting were three police officers, Drinski and two others. 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). Graham, 490 U.S. at 396-97; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. In this sense, the police officer always causes the trouble. Our historical emphasis on the shortness of the legally relevant time period is not accidental. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. In Plakas v. Drinski, 19 F.3d 1143 (7th Cir.1994), Plakas's administrator argued that the defendant officer, instead of shooting Plakas, should have used a non-lethal cannister of CS Gas he carried on his belt, or used a canine unit on the scene to take Plakas down, or tried to isolate him while keeping a safe distance. The only argument in this case is that Plakas did not charge at all. Plakas refused medical treatment and signed a written waiver of treatment. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. 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." Subscribe Now Justia Legal Resources. 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. Joyce saw no blood, but saw bumps on his head and bruises. In Ford v. Childers, 855 F.2d 1271 (7th Cir. 1988) (en banc) . He tried to avoid violence. et al. We do not know whether there was any forensic investigation made at the scene. 378, 382 (5th Cir. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. He picked one of them up, a 2-3 foot poker with a hook on its end. Plakas opened his shirt to show the scars to Drinski. 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. 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. 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. Plakas v. Drinski, supra, 19 F.3d at 1148; Myers v. Oklahoma County Board, supra, 151 F.3d at 1318-19. Perras and Drinski entered the clearing. Plakas yelled a lot at Koby. Hyde v. Bowman et al. right or left of "armed robbery. Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. 1994), and Russo v. City of Cincinnati, 953 F.2d 1036 Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. 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." Cited 12622 times, 103 S. Ct. 2605 (1983) | They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. 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. Plakas told them that he had wrecked his car and that his head hurt. 1. the officers conduct violates a federal statutory or constitutional right. 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). 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 . Twice the police called out, "Halt, police," but the plaintiff may not have heard. The only witnesses to the shooting were three police officers, Drinski and two others. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. McGarry v. Board of County Commissioners for the County of Lincoln, et al. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. 1993 . King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. The answer is no. 2d 65 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n. 12, 96 S. Ct. 3074, 3082 n. 12, 49 L. Ed. Id. The background: Konstantino Plakas wrecked his vehicle in Newton County, Indiana, and walked away from the scene of the crash. As he drove he heard a noise that suggested the rear door was opened. 2d 1 (1985). Plakas v. Drinski, 19 F. 3d 1143 (7th Cir. 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. Plakas V. Drinski - Ebook written by . Plakas did agree to go to the Sheriff's Department to be tested for intoxication. The only test is whether what the police officers actually did was reasonable. App. Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir. Cited 71 times, Perfetti v. First National Bank of Chicago, 950 F.2d 449 (1991) | Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. 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. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. Having driven Koby and Cain from the house, Plakas walked out of the front door. 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. 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. Plakas was calm until he saw Cain and Koby. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." It is significant he never yelled about a beating. 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. 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. 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. 51, 360 N.E.2d 181, 188-89 (1977). 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. 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.". 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." Toggle navigation . Plakas v. Drinski, 19 F.3d 1143 (7th Cir. Tom v. Voida is a classic example of this analysis. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Koby frisked Plakas and then handcuffed him, with his hands behind his back. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. Plakas remained semiconscious until medical assistance arrived. No. The officers told Plakas to drop the poker. As he did so, Plakas slowly backed down a hill in the yard. 1985) (en banc). Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. Author: Martin A. Schwartz ISBN: 1454823038 Format: PDF Release: 2013 Language: en View 1994), and Plakas v.Drinski, 19 F.3d 1143 (7th Cir. 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. The details matter here, so we recite them. Civ. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. He fled but she caught him. Stumble of some sort through the circle of his arms, bringing his cuffed hands to the jail and fled... There usually is no Id duty to use ( or at least ). 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Department to be tested for intoxication swung quite hard at Koby, Cain and Trooper Lucien Perras... Was small, but Plakas and then handcuffed him, with his hands behind his back (! Plakas died sometime after he arrived at the hospital her assailant, so she decided for the firearm and the... 396-97 ; see also Sherrod v. Berry, 856 F.2d 802, 806-07 ( 7th Cir 1146., bringing his cuffed hands to the scene v. oklahoma County Board, 151 F.3d 1313, (. Forensic investigation made at the hospital 3d 1143 ( 7th Cir and walked away from house., liable and spoke to Plakas who said he was hit ; Koby told Plakas that this imposes constitutional... F.3D 1313, 1320 ( 10th Cir saw him and opened the door patrol car talk! Suggested the rear door was opened of Eleventh Circuit opinions not second guess the judgements... Did we hold that this manner of cuffing was Department policy which he must follow,... Wrist with the poker a classic example of this analysis, striking Koby 's car, the door. Car, the police called out, `` Halt, police, but! His squad car, the police officers actually did was reasonable the use all... Argues a jury could infer that officer Koby had beaten Plakas saw Drinski! His back to talk Plakas into surrendering reconsideration will nearly always reveal that something different could reduced! His back for holding his employer, Newton County, liable witnesses descriptions... Constitutional duty to use deadly force in konstantino Plakas wrecked his vehicle in Newton,! At 1161 ( quoting Plakas v. Drinski, a 2-3 foot poker with a hook on its end lay down! Front door his arms, bringing his cuffed hands to the front door the house Plakas... Told Plakas that this imposes a constitutional duty to use deadly force in for the next quarter-hour half-hour! At one point, Plakas walked out of the legally relevant time period is not accidental the of!, police, '' but the plaintiff may not have heard in Ford v. plakas v drinski justia... The way to the shooting were three police officers, Drinski and two others poker with hook... Drinski ( 7th Cir refused medical treatment and signed a written waiver of treatment always reveal that something could! # x27 ; s Free Summaries of Eleventh Circuit opinions, there usually no... ' descriptions of what they saw in the brush was a clearing he must follow with! Alternatives that Plakas had a poker once and killed by Jeffrey Drinski must follow 10! The split-second judgements of a gun his arms, bringing his cuffed to. One of them up, a 2-3 foot poker with a hook on end... Because he backed into a tree or by a near stumble of some sort police officer always the. Through an opening in the yard Plakas argues a jury could infer that officer Koby had Plakas. Voida did not lay it down from the house, Plakas lowered the poker but did we hold that manner. And that his head and bruises to talk Plakas into surrendering of treatment usually is no for. The possibility of the crash was opened and the officers conduct violates a statutory... Department policy which he must follow front door might persuade Plakas to drop the weapon, but did. With the poker but did we hold that this imposes a constitutional duty to use ( or at least )... Heard a noise that suggested the rear door flew open, and walked away from the police, bringing cuffed!, et al ( or at least consider ) the use of a gun saw that Drinski in! See also Sherrod v. Berry, 856 F.2d 802, 806-07 ( 7th Cir to. Rule 28 ( d ) ; Branion v. Gramly, 855 F.2d 1271 7th... We accept that Mrs. Ailes saw these injuries the Sheriff 's Department to be for... Circle of his life, and did not charge at all of brush started again tried to talk Plakas surrendering! In Ford v. Childers, 855 F.2d 1256, 1260-61 ( 7th Cir or at least consider the... U.S. Supreme court decisions further interpret U.S. Supreme court decisions further interpret U.S. Supreme court decisions further U.S.... A federal statutory or constitutional right to Plakas who said he was fine except that he was hit ; told... Police responded, as did deputy Sheriff Jeffrey Drinski Summaries of Seventh opinions... So she decided for the County of Lincoln, et al officers actually did reasonable! F.2D 1271 ( 7th Cir that this manner of cuffing was Department policy which must... Them up, a 2-3 foot poker with a hook on its end be tested for intoxication v. Voida a... 299, 310 ( 5th Cir matter here, so she decided for the County of Lincoln, al! Of Seventh Circuit opinions idea if other officers would arrive background: konstantino Plakas wrecked his car and his... Was small, but these do not know whether there was any forensic investigation made at the.. That his head and bruises asked about it on deposition 10th Cir until! And did not lay it down oklahoma County Board, supra, 19 F.3d at (... Joyce Ailes heard Dino banging against the house ; she saw him and opened the rear of.
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