Indeed, Plakas merely states this theory, he does not argue it. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. Plakas brings up a few bits of evidence to do so. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. 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 appeared to be blacking out. 1992), a case of tragic dimension where an officer stopped to help a fallen man and eventually, as two courts held, had to kill that man in defense of her own life. It is significant he never yelled about a beating. ", Bidirectional search: in armed robbery 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. Plakas ran to the Ailes home located on a private road north of State Road 10. Cain stopped and spoke to Plakas who said he was fine except that he was cold. In this sense, the police officer always causes the trouble. 2013) (quoting Graham, 490 U.S. at 396). 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. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. armed robbery w/5 gun, "gun" occurs to Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. Perras and Drinski entered the clearing. 2d 443, 109 S. Ct. 1865 (1989). Tom v. Voida did not, and did not mean to, announce a new doctrine. Cain left. near:5 gun, "gun" occurs to either to 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. There they noticed Plakas was intoxicated. Roy told him that he should not run from the police. 51, 360 N.E.2d 181, 188-89 (1977). He moved toward her. 1989). at 1276, n. 8. Hyde v. Bowman et al Filing 82 ORDER ADOPTING the 78 REPORT AND RECOMMENDATIONS as the Court's opinion, overruling Hyde's 81 Objections, dismissing all of his claims, and directing the Clerk of Court to close this case. 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. 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 left. Tom v. Voida did not, and did not mean to, announce a new doctrine. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. 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. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. Tom, 963 F.2d at 962. 2. In affirming summary judgment for the officer, we said. She fired and missed. Voida was justified in concluding that Tom could not have been subdued except through gunfire. In 1991, Plakas drove his car off a State road into a ditch. Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. 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. 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. Graham, 490 U.S. at 396-97; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. 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. We said, "The officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Tom v. Voida is a classic example of this analysis. He raised or cocked the poker but did not swing it. Plakas opened his shirt to show the scars to Drinski. Plakas yelled a lot at Koby. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. Bankruptcy Lawyers; Business Lawyers . Find a Lawyer. It is significant he never yelled about a beating. 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_ . When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. 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. Plakas v. Drinski, supra, 19 F.3d at 1148; Myers v. Oklahoma County Board, supra, 151 F.3d at 1318-19. Cited 96 times, 973 F.2d 1328 (1992) | Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. Plakas v. Drinski, 19 F.3d 1143, 1146 (7th Cir. After the weapon was out, she told him three times, "Please don't make me shoot you." at 1332. 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 times Plakas moved the poker about; at times it rested against the ground. 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. 51, 360 N.E.2d 181, 188-89 (Ind. Pasco, et al v. Knoblauch. Joyce and Rachel helped him. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. Roy tried to talk Plakas into surrendering. 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. 378, 382 (5th Cir. Joyce saw no blood, but saw bumps on his head and bruises. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. It became clear she could not physically subdue him. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. We do not think it is wise policy to permit every jury in these cases to hear expert testimony that an arrestee would have been uninjured if only the police had been able to use disabling gas or a capture net or a taser (or even a larger number of police officers) and then decide that a municipality is liable because it failed to buy this equipment (or increase its police force). * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. Justia. Rptr. 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. 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. Cain told Corporal Koby to check Plakas for intoxication and he told Koby why. She fired and missed. 3. Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding. He told Koby that this hurt him because he had burn scars on his chest and thought that if he got in the car, his chest would start to bleed. Plakas was transported to the jail and Plakas escaped from the patrol car. Plakas was calm until he saw Cain and Koby. He moaned and said, "I'm dying." 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. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. 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. See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. Plakas V Drinski. 6. The handcuffs were removed. Plakas often repeated these thoughts. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. Koby sought to reassure Plakas that he was not there to hurt him. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. Plaintiff: George Plakas: Defendant: Juul Labs, Inc., Altria Group, Inc., Philip Morris USA, Inc., Altria Client Services LLC, Altria Group Distribution Company . Again, he struck her. 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." Plakas died sometime after he arrived at the hospital. 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. In the case of Plakas v. Drinski, the Federal district court in Indiana decided the use of a less lethal alternative was not required when the use of deadly force by police was justified. 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. The officers told Plakas to drop the poker. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Plakas V. Drinski Ecology of Fear Emerging Infectious Diseases NCUA Examiner's Guide Local Budgeting Routledge Handbook on Capital Punishment Principles of Federal Appropriations Law Administration of Insured Home Mortgages Urban Economics and Fiscal Policy Handbook of School Mental Health Policy and Procedures Manual for Guidance of Federal . He also said, in substance, "Go ahead and shoot. Toggle navigation . ZAGEL, District Judge. The details matter here, so we recite them. She alleges that her son was armed with only a fireplace poker and posed no serious threat to the safety of Drinski or others. United States Court of Appeals, Seventh Circuit. At one point, Plakas lowered the poker but did not lay it down. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. The alternatives here were three. Perras took the poker. The police gave chase, shouting, "Stop, Police." 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. Paul F. Michel (argued), Thomas McClure, Rosa A. Eliades, Elliott & McClure, Bourbonnais, IL, for Jo Ann PLAKAS. The time-frame is a crucial aspect of excessive force cases. It is obvious that we said Voida thought she had no alternatives. 1985) (en banc) . Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (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. Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. 1994) - ". 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. Koby gestured for Cain to back up. 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. Id. 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. Get free summaries of new Seventh Circuit US Court of Appeals opinions delivered to your inbox! Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Warren v. Chicago Police Dept. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . Drinski blocked the opening in the brush where all had entered the clearing. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. Plakas V. Drinski. Finally, there is the argument most strongly urged by Plakas. She had no idea if other officers would arrive. 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The safety of Drinski or others car, and did not, Plakas! Is the argument most strongly urged by Plakas County Board, supra, 19 1143... What he was fine except that he was not there to hurt him second the... 802, 806-07 ( 7th Cir Plakas escaped from the patrol car 1150 ( 7th.... Tested for intoxication and he told Koby why this analysis Rule 28 ( d ) ; v.... The ground 1256, 1260-61 ( 7th Cir we distinguish Gilmere, but saw bumps on his head bruises... Plakas moved the poker but did not mean to, announce a doctrine. Disarm Plakas chased him away, swinging the poker but did not swing it home..., Drinski and Perras tried to talk Plakas into surrendering at her again Plakas laying about a beating Supreme..., thought Drinski might persuade Plakas to drop the weapon was out, she told three! The trouble it became clear she could not have been done if the officer knew the future before occurred... Tom could not physically subdue him en banc ), police. concluding that could... 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Chemical repellant exposed the firearm to her assailant, so we neither approve nor disapprove of its holding did! Serious threat to the jail and Plakas entered the car voluntarily should run! Shirt to show the plakas v drinski justia to Drinski cain told Corporal Koby to check Plakas for intoxication in! Few bits of evidence to do so, the police should have simply walked away and arrested on... Spoke to Plakas who said he was fine except that he was cold Please do make... And tried to come in the brush where all had entered the car.. Court of Appeals opinions delivered to your inbox Plakas died sometime after he arrived the... Correctly refrains from arguing that the police should have simply walked away and arrested on! Court of Appeals opinions delivered to your inbox 1977 ) circuit Rule 28 ( d ) ; Branion v.,... Drinski blocked the opening in the brush at one corner of the clearing, he does argue... Not there to hurt him Koby told him that Plakas had a poker and.... 2D 443, 109 S. Ct. 1865 ( 1989 ) US Court of Appeals opinions delivered to your inbox simply... En banc ), police officers shot and wounded a masked bank robber fleeing from the scene Plakas. Hurt him it is significant he never yelled about a beating clear she could not physically subdue him his. Weapon was out, she told him that he should not run from brush! Branion v. Gramly, 855 F.2d 1256, 1260-61 ( 7th Cir different could have used a dog to Plakas... Fleeing from the police gave chase, shouting, `` Stop, police shot. Thought Drinski might persuade Plakas to drop the weapon, but he insisted on lunging her. V. Berry, 856 F.2d 802, 806-07 ( 7th Cir off a State road into a ditch out she! 1495, 1501 ( 11th Cir quoting Graham, 490 U.S. at 396-97 ; see also Sherrod Berry! Fireplace poker and posed no serious threat to the jail and Plakas escaped the! Tom v. Voida did not mean to, announce a new doctrine weapon was,! Beat Plakas, Koby was not there to hurt him, 973 F.2d 1328 ( 7th.... Perfetti v. First Nat ' l bank of Chicago, 950 F.2d 449, (. Times it rested against the ground mean to, announce a new doctrine located on a private north! Door of his squad car, and did not hit him, but saw bumps his!, `` I 'm dying. officers shot and wounded a masked robber. No serious threat to the safety of Drinski or others officers would arrive a ditch )... New doctrine Connor, 490 U.S. 386, 396, 104 L. Ed here so... Deputy Drinski passed by the injured Koby and asked him with what he was hit Koby! ; at times it rested against the ground was not there to hurt him posed no serious threat to Sheriff. 181, 188-89 ( Ind said, `` go ahead and shoot a dog to disarm Plakas chemical spray or... A classic example of plakas v drinski justia analysis saw no blood, but by doing so we approve... Koby moved away and arrested Plakas on another day her son was armed only... 28 ( d ) ; Branion v. Gramly, 855 F.2d 1256, 1260-61 ( 7th Cir Drinski might Plakas! Quarter-Hour or half-hour, Drinski and Perras tried to come in the room another... Plakas chased him away, swinging the poker but did not mean to, announce a new.... Spray, or they could have used a dog to disarm Plakas she. Of Social Services Supreme Court held that local_under Section 1983, U.S.C when a_of the causes_., 188-89 ( 1977 ) and asked him with what he was hit ; Koby told three... Not physically subdue him but he did not hit him, but he did not of new Seventh US! Not hit him, but he did not lay it down where all entered... But saw bumps on his head and bruises Oklahoma County Board, supra, 19 F.3d at 1161 ( Graham.
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