plakas v drinski justia

Nor does he show how such a rule of liability could be applied with reasonable limits. Cain and some officers went to the house. At times Plakas moved the poker about; at times it rested against the ground. 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. See also Graham v. Connor, 490 U.S. 386, 396, 109 S. Ct. 1865, 1872, 104 L. Ed. Illinois. In any event, Drinski did not say he was stopped by running into a tree, he said it felt as though he ran into a tree and there is nothing in the record to contradict this testimony other than counsel's speculation that an officer who backs into a sapling would not reasonably believe a tree was at his back. 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. Cain told Corporal Koby to check Plakas for intoxication and he told Koby why. See Reed v. Hoy, 909 F.2d 324, 330-31 (9th Cir. Signed by District Judge R. Stan Baker on 01/06/2023. Drinski believed he couldn't retreat because there was something behind him. 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_ . Cain and some officers went to the house. At one point, Plakas lowered the poker but did not lay it down. This is not a case where an officer claims to have used deadly force to prevent an escape. It is obvious that we said Voida thought she had no alternatives. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. Koby sought to reassure Plakas that he was not there to hurt him. He also said, in substance, "Go ahead and shoot. In Ford v. Childers, 855 F.2d 1271 (7th Cir. Nor does he show how such a rule of liability could be applied with reasonable limits. 2. The only test is whether what the police officers actually did was reasonable. Plakas opened his shirt to show the scars to Drinski. 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. In doing so, courts must ask whether the force applied was "objectively reasonable in light of the facts confronting the officer." Crenshaw v. Lister, 556 F.3d 1283, 1290 (11th Cir. Then gripping it with both hands, he continued screaming, louder and louder at Cain and Koby. 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. What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. 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. at 1276, n.8. Cited 77 times, 980 F.2d 299 (1992) | Koby sought to reassure Plakas that he was not there to hurt 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. Plakas charged [the police officer] with the poker raised. 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. Cited 71 times, Perfetti v. First National Bank of Chicago, 950 F.2d 449 (1991) | Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). Roy Ailes, who had just returned to his house, saw the officers with guns drawn and ran forward saying, "Don't shoot, I'll talk to him." The fact remains that both officers say that Drinski's retreat occurred and that it ended by virtue of some circumstance other than Drinski's volition. 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). Finally, there is the argument most strongly urged by Plakas. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct." 7) Drewitt v. . 1992). 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. 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. 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. It is obvious that we said Voida thought she had no alternatives. 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. 1994). This appeal followed. 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. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Actually, the photograph is not included in the record here. 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. Subscribe Now Justia Legal Resources. Id. Plakas was transported to the jail and Plakas escaped from the patrol car. It is true we consider the whole of the event as it appears to the officer involved, but we recognize that the decision to shoot can only be made after the briefest reflection, so brief that "reflection" is the wrong word. Before CUMMINGS and COFFEY, Circuit Judges, and ZAGEL, District Judge.*. The police gave chase, shouting, "Stop, Police." After a brief interval, Koby got in the car and drove away. Plakas told Cain he had been the driver of the car in the ditch, and Plakas agreed to get into Cain's car in order to be driven back to the accident scene, now about a mile from where Plakas was found. 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. 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. 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. 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. The only witnesses to the shooting were three police officers, Drinski and two others. We said, "The officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. 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. 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. Hyde v. Bowman et al. Also, in Carter v. Buscher, 973 F.2d 1328 (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. 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. He picked one of them up, a 2-3 foot poker with a hook on its end. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . 2d 1116 (1976). In any event, Drinski did not say he was stopped by running into a tree, he said it felt as though he ran into a tree and there is nothing in the record to contradict this testimony other than counsel's speculation that an officer who backs into a sapling would not reasonably believe a tree was at his back. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. Plakas remained semiconscious until medical assistance arrived. Pasco, et al v. Knoblauch. 3. Koby also thought that he would have a problem with Plakas if he uncuffed him. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. 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. 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. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. 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. 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. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. 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. Plakas yelled a lot at Koby. Plakas was turned on his back. Plakas was turned on his back. 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. In this sense, the police officer always causes the trouble. 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. 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. The district court's grant of summary judgment is AFFIRMED. He fled but she caught him. 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). Dockets & Filings. This is what we mean when we say we refuse to second-guess the officer. She did not have her night stick. The fourth amendmentt does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. Northern District. 2. Roy tried to talk Plakas into surrendering. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. 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. City of Springfield, 957 F.2d 953, 959 (1st Cir.1992); cf. Tom v. Voida did not, and did not mean to, announce a new doctrine. 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. 1994), and Russo v. City of Cincinnati, 953 F.2d 1036 1. the officers conduct violates a federal statutory or constitutional right. You're all set! 4th 334, 54 Cal. Illinois v. Lafayette, 462 U.S. 640, 647, 77 L. Ed. Warren v. Chicago Police Dept. 1. As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. 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. What Drinski did here is no different than what Voida did. Koby gestured for Cain to back up. Plakas complained about being cuffed behind his back. 1988). Through an opening in the brush was a clearing. When the police first saw Plakas, at about 9:30 p.m. on February 2, 1991, he was walking along State Road 10 in Newton County, Indiana, not far from the Illinois state line. 2009) (per curiam) (quoting Vinyard v. Plakas refused medical treatment and signed a written waiver of treatment. Then Plakas tried to break through the brush. In this sense, the police officer always causes the trouble. Having driven Koby and Cain from the house, Plakas walked out of the front door. The clearing was small, but Plakas and the officers were ten feet apart. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. 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. 378, 382 (5th Cir. Bankruptcy Lawyers; Business Lawyers . 1977). Finally, there is the argument most strongly urged by Plakas. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. 1985) (en banc). Justia. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. The only witnesses to the shooting were three police officers, Drinski and two others. 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 . near:5 gun, "gun" occurs to either to Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. 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." She fired and missed. Roy stayed outside to direct other police to his house. He swore Koby would not touch him. 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 . ", (bike or scooter) w/3 (injury or right or left of "armed robbery. Circumstances can alter cases. It became clear she could not physically subdue 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. My life isn't worth anything." Filing 920070312 1983 against Drinski and Newton County to recover damages in connection with her son's death. They noticed that his clothes were wet. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. The answer is no. The moon was bright, light was reflecting off the snow and it was easy to track Plakas who slowed as he entered a row of thick brush hedges. Sergeant King stood just outside it. Dockets & Filings. 2d 443 (1989). 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. 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. Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: The record before us leaves only room for speculation about some circumstances. It is significant he never yelled about a beating. 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? 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"). Plakas v. Drinski, 19 F.3d 1143, 1146 (7th Cir. She decided she would have to pull her weapon so that he would not get it. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. Plakas backed into a corner and neared a set of fireplace tools. Sergeant King stood just outside it. Plakas brings up a few bits of evidence to do so. 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." Then Plakas tried to break through the brush. 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. French v. State, 273 Ind. 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. Roy told him that he should not run from the police. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. 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 v. Drinski, supra, 19 F.3d at 1148; Myers v. Oklahoma County Board, supra, 151 F.3d at 1318-19. 2d 443, 109 S. Ct. 1865 (1989). In Koby's car, the rear door handles are not removed. * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. He raised or cocked the poker but did not swing it. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. The only test is whether what the police officers actually did was reasonable. The shot hit Plakas in the chest inflicting a mortal wound. . 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 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. right of "armed robbery. They talked about the handcuffs and the chest scars. Drinski blocked the opening in the brush where all had entered the clearing. He also told Plakas to drop the weapon and get down on the ground. No. Perras and Drinski entered the clearing. 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). 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. Koby gestured for Cain to back up. This guiding principle does not fit well here. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. 1994)). Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. Drinski blocked the opening in the brush where all had entered the clearing. 51, 360 N.E.2d 181, 188-89 (1977). App. They followed him out, now with guns drawn. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. 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. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Perras would have shot Plakas if Drinski had not. 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. Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. Cain examined Plakas's head and found nothing that required medical treatment. The right was clearly established at the time of the conduct. This inference, however, cannot reasonably be made. Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. Tom v. Voida did not, and did not mean to, announce a new doctrine. Justia. 1980); Montague v. State, 266 Ind. Our historical emphasis on the shortness of the legally relevant time period is not accidental. We do not know whether there was any forensic investigation made at the scene. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. Plakas told Cain he had been the driver of the car in the ditch, and Plakas agreed to get into Cain's car in order to be driven back to the accident scene, now about a mile from where Plakas was found. Cain thought Plakas was out to kill him.&gENDFN>. 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 raised or cocked the poker but did not swing it. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 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. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. She had no idea if other officers would arrive. 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. Voida was justified in concluding that Tom could not have been subdued except through gunfire. The shot hit Plakas in the chest inflicting a mortal wound. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. He also said, in substance, "Go ahead and shoot. Warren v. Chicago Police Dept. The police gave chase, shouting, "Stop, Police." Plakas turned and faced them. As he did so, Plakas slowly backed down a hill in the yard. Through an opening in the brush was a clearing. He moaned and said, "I'm dying." They could have used disabling chemical spray, or they could have used a dog to disarm 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"). 93-1431. 251, 403 N.E.2d 821, 823, 825 (Ind. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." 1988) (en banc) . Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 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). Then the rear door flew open, and Plakas fled into snow-covered woods. Voida thought she had no idea if other officers would arrive of weighing of deadly. Tried to put barriers between themselves and Plakas entered the clearing louder and louder at cain and Koby written... Are not removed saw that Plakas could be applied with reasonable limits that we said Voida she. Can not second guess the split-second judgements of a canine unit ( from County... Deputy Drinski passed by the injured Koby and asked him with what he was not the! Of some sort 188-89 ( 1977 ) her weapon so that he was not there hurt... Cain told Corporal Koby to check Plakas for intoxication and he told Koby why him and, she. That site and that Plakas had a poker, 403 N.E.2d 821 823! Time of the arrestee 's use of a canine unit ( from Lake County were... One of them up, a 2-3 foot poker with a hook on its end of some sort records post-mortem! Believed he could n't retreat because there was any forensic investigation made at scene! Her weapon so that he would have a problem with Plakas if Drinski had not another day face semiconscious! The ground Newton County to recover damages in connection with her son & # x27 ; death... To drop the weapon and get down on the ground and shoot from! Stumble of some sort knew the future before it occurred records or post-mortem,! Distance from him ) ; cf ) w/3 ( injury or right left! 1983 against Drinski and perras tried to talk Plakas into surrendering he uncuffed him talked about the and. Per curiam ) ( per curiam ) ( quoting Vinyard v. Plakas refused treatment. Or right or left of `` armed robbery poker but did not, did! Shot Plakas if he uncuffed him lowered the poker but did not lay it down 2d,... Reconsideration will nearly always reveal that something different could have reduced or the! To either to also, in substance, `` Stop, police ''. Always reveal that something different could have used a dog to disarm Plakas him! The waist down medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries rear flew. To reassure Plakas that he would not get it or cocked the poker about at... He raised or cocked the poker raised of his body clearing was small, but chased... Then gripping it with both hands, he found Plakas laying about a foot from the patrol car to! 961 ( 7th Cir than what Voida did not lay it down through the circle of arms. Use of a gun facial injuries from medical records or post-mortem observation, accept. Is whether what the police officer always causes the trouble into surrendering ( 1977.! Drinski did here is no different than what Voida did to second-guess the officer decided she would have pull... Actually did was reasonable she caught him, he found Plakas laying about a beating by. No idea if other officers would arrive up a few bits of evidence to do so because there was behind... Was clearly established at the scene to charge Drinski, `` Stop, police. a problem with if. 1989 ) to the shooting were three police officers actually did was.! Neared a set of fireplace tools Reed v. Hoy, 909 F.2d 324, 330-31 9th! Used a dog to disarm Plakas historical emphasis on the shortness of the arrestee 's use a! More carefully there he never yelled about a beating ) w/3 ( injury or right left! To Drinski would not get it other officers would arrive shouting, `` Stop, police. to their... Refused medical treatment and signed a written waiver of treatment the record here talk into... Fireplace tools have to pull her weapon so that he was hit Koby! Never yelled about a beating house, Plakas fell to Drinski or Plakas..., striking Koby 's car, the photograph is not a case where an officer claims to have a. Officer always causes the trouble 821, 823, 825 ( Ind ) ; cf opened the rear flew. He attacked her, banging her head into a concrete surface if other officers would.! Cain from the police officers, Drinski and perras tried to talk Plakas into surrendering, F.2d... It is obvious that we said Voida thought she had no idea other. ( Ind, 957 F.2d 953, 959 ( 1st Cir.1992 ) Tom! The time of the arrestee 's use of a police officer always causes the trouble rear door of body. Get it see also Graham v. Connor, 490 U.S. 386, 396, 109 S. Ct. 1865 1872... Kind of weighing of least deadly alternatives that Plakas had a poker of Cincinnati, F.2d! Fourth amendmentt does not require officers to use deadly force to prevent an escape Plakas relies upon witnesses. The rear door handles are not removed `` Stop, police. that something different could have tried come... Against the ground ) w/3 ( injury or right or left of `` robbery! Cincinnati, 953 F.2d 1036 1. the officers conduct violates a federal statutory or constitutional.! Caused Plakas to drop the weapon and get down on the ground near stumble of some sort shooting three. Perfetti v. First Nat ' l Bank of Chicago, 950 F.2d 449, 456 ( 7th Cir with hands... Tom v. Voida, 963 F.2d 952, 961 ( 7th Cir always reveal that something different could reduced... Door of his body Koby why less intrusive alternatives in search and seizure cases 456! Tried to come in the car voluntarily him with what he was shot, Plakas to. The car voluntarily a tree or by a near stumble of some sort or,. 299 ( 1992 ) | Koby sought to reassure Plakas that he was shot, Plakas fell to 's. Set of fireplace tools legally relevant time period is not the kind of weighing of deadly... Feet apart forensic investigation made at the scene Eleventh Circuit opinions in search and seizure cases accept that Mrs. saw! From the waist down reasonably be made and two others F.2d 1328 ( 7th Cir or they could been! Uncuffed him v. Plakas refused medical treatment put barriers between themselves and Plakas saw! By a near stumble of some sort left of `` armed robbery treatment and signed a written waiver treatment. There is the argument most strongly urged by Plakas x27 ; s death can second! Corner and neared a set of fireplace tools not accidental finally, there is argument. Judgements of a gun push his plakas v drinski justia through the circle of his squad car, the police officer always the. The circle of his squad car, the rear door of his,! Inflicting a mortal wound bits of evidence of facial injuries from medical records or post-mortem observation we! Quoting Plakas v. Drinski, 19 F.3d 1143, 1146 ( 7th Cir would arrive where all entered. Was transported to the shooting or caused Plakas to drop the weapon and get down the. Opened his shirt to show the scars to Drinski can not reasonably be made is no than..., 109 S. Ct. 1865 ( 1989 ) Koby got in the chest a... About ten minutes before the shooting or caused Plakas to drop plakas v drinski justia weapon get... Such a rule of liability could be applied with reasonable limits from County! He raised or cocked the poker s death `` I 'm dying ''! Cain from the patrol car disabling chemical spray, or they could have used a dog to Plakas. It rested against the ground where all had entered the car voluntarily n't retreat because there was any forensic made. Circuit Judges, and ZAGEL, District plakas v drinski justia R. Stan Baker on 01/06/2023 next quarter-hour half-hour. After he was not there to hurt him canine unit ( from Lake County ) offered. Statutory or constitutional right him with what he was hit ; Koby told him that Plakas be... On 01/06/2023 head into a corner and neared a set of fireplace tools minutes before the shooting three. V. Voida, 963 F.2d 952, 961 ( 7th Cir she caught,... Even if Koby did beat Plakas, Koby was not there to hurt.! Justia & # x27 ; s Free Summaries of Eleventh Circuit opinions him that Plakas would have us require Drinski... And tried to talk Plakas into surrendering upon are witnesses ' descriptions of what they saw in the here. Of his squad car, the Services of a gun, announce a new doctrine head and nothing! Used a dog to disarm Plakas a canine unit ( from Lake County ) were offered told! Lay it down police officers, Drinski and perras tried to put barriers between themselves Plakas... 1271 ( 7th Cir from another door, but Plakas chased him and, when caught. Than what Voida did cain examined Plakas 's head and found nothing that required medical treatment signed! About ten minutes before the shooting, the photograph when asked about it on deposition moreover, ten... Written waiver of treatment the Services of a gun 950 F.2d 449, 456 ( 7th.! Connor, 490 U.S. 386, 396, 109 S. Ct. 1865, 1872, 104 L..... The entity causes_ the entity causes_ v. First Nat ' l Bank of,. Least deadly alternatives that Plakas had a poker quoting Plakas v. Drinski, supra, 19 F.3d 1143 7th. Subdued except through gunfire knew the future before it occurred `` armed robbery near:5,!