Voida was justified in concluding that Tom could not have been subdued except through gunfire. But it is trouble which the police officer is sworn to cause, which society pays him to cause and which, if kept within constitutional limits, society praises the officer for causing." Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir.1994)). He hit the brakes and heard Plakas hit the screen between the front and rear seats. 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." Then gripping it with both hands, he continued screaming, louder and louder at Cain and Koby. 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. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. Whatever the facts may be, it is hard to attribute to either Drinski or Newton County the inaction of Perras, who is neither a defendant here nor under the command of Newton County. 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. 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. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. The district Judge disagreed and granted summary judgment. Plakas crossed the clearing, but stopped where the wall of brush started again. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. We believe the defendant misunderstands the holding in Plakas. A volunteer fireman found him walking . 2d 443, 109 S. Ct. 1865 (1989). 2d 443 (1989). Anderson v. Creighton In Anderson v. Creighton, 483 U .S. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. 51, 360 N.E.2d 181, 188-89 (1977). If the officer had decided to do nothing, then no force would have been used. Drinski did not believe that Plakas was ever ready to surrender, although he was calmer for a time. Cited 12622 times, 103 S. Ct. 2605 (1983) | Cain left. As he did so, Plakas slowly backed down a hill in the yard. Koby reported the escape and called for help. 1994)). 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. Subscribe to Justia's Free Summaries of Seventh Circuit opinions. Through an opening in the brush was a clearing. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. 93-1431. 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. Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. 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. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. She alleges that her son was armed with only a fireplace poker and posed no serious threat to the safety of Drinski or others. Elizabeth A. Knight (argued), Colleen Considine Coburn, Knight, Hoppe, Fanning & Knight, Des Plaines, IL, Daniel C. Blaney, Blaney, Casey & Walton, Morocco, IN, Janella L. Barbrow, Schmidt & Barbrow, Wheaton, IL, for Jeffrey Drinski and Newton County, Ind. Our historical emphasis on the shortness of the legally relevant time period is not accidental. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. The police could have continued to maintain distance from Plakas and keep some form of barrier (like the row of hedges) between him and them. We do not know whether there was any forensic investigation made at the scene. 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. Sergeant King stood just outside it. Plakas V. Drinski - Ebook written by . She had no idea if other officers would arrive. 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. Plakas brings up a few bits of evidence to do so. 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. 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. Tom v. Voida is a classic example of this analysis. Plakas opened his shirt to show the scars to Drinski. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. Paul F. Michel (argued), Thomas McClure, Rosa A. Eliades, Elliott & McClure, Bourbonnais, IL, for Jo Ann PLAKAS. 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. Roy told him that he should not run from the police. In any self-defense case, a defendant knows that the only person likely to contradict him or her is beyond reach. Then gripping it with both hands, he continued screaming, louder and louder at Cain and Koby. Toggle navigation . Perras would have shot Plakas if Drinski had not. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. Drinski believed he couldn't retreat because there was something behind him. And, of course, judges are far more competent to say what equipment is needed to prepare a lawsuit than they are to say what equipment is best to defend one's self against an attack by a man with a poker, Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. His car had run off the road and wound up in a deep water-filled ditch. But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. He appeared to be blacking out. Koby told Plakas that this manner of cuffing was department policy which he must follow. 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. Koby gestured for Cain to back up. In this sense, the police officer always causes the trouble. In 1991, Plakas drove his car off a State road into a ditch. In affirming summary judgment for the officer, we said. Plakas v. Drinski, 19 F. 3d 1143 (7th Cir. Plakas was calm until he saw Cain and Koby. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). See also Graham v. Connor, 490 U.S. 386, 396, 109 S. Ct. 1865, 1872, 104 L. Ed. Perras and Drinski entered the clearing. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. Filing 89. Cited 77 times, 980 F.2d 299 (1992) | 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. French v. State, 273 Ind. 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. Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. Filing 82. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. 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. 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. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. The answer is no. Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. 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. At one point, Plakas lowered the poker but did not lay it down. United States District Court, N.D. Indiana, Hammond Division. 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. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. The alternatives here were three. et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011. The clearing was small, but Plakas and the officers were ten feet apart. Plakas often repeated these thoughts. Plakas brings up a few bits of evidence to do so. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. 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. First, according to Drinski, Plakas charged away from the brush at Drinski, yet one paramedic who was summoned to the clearing to administer to Plakas observed that Plakas's feet were about a foot from the brush. The fourth amendmentt does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. Actually, the photograph is not included in the record here. No. 1993 . Northern District. The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation, We adopt the version most favorable to plaintiff. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. The background: Konstantino Plakas wrecked his vehicle in Newton County, Indiana, and walked away from the scene of the crash. 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. Since medical assistance previously had been requested for Koby, it was not long in coming. Id. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. Seventh Circuit. Joyce and Rachel helped him. But Plakas does have at least one opinion on which he may build his argument, that is, Tom v. Voida, 963 F.2d 952 (7th Cir. Cain smelled alcohol on Plakas's breath and Plakas dozed off as they rode to the place where the car had gone off the road. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Indeed, Plakas merely states this theory, he does not argue it. McGarry v. Board of County Commissioners for the County of Lincoln, et al. Second, Drinski said he was stopped in his retreat by a tree. 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. 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. 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. If Winnebago County had seen a rash of police killings of crazy people and it was well understood that these killings could have been avoided by the . What Drinski did here is no different than what Voida did. 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. 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. 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. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. 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. Bankruptcy Lawyers; Business Lawyers . Roy told him that he should not run from the police. 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 . 1980); Montague v. State, 266 Ind. Then the rear door flew open, and Plakas fled into snow-covered woods. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. Cain examined Plakas's head and found nothing that required medical treatment. * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. After a brief interval, Koby got in the car and drove away. He also said, in substance, "Go ahead and shoot. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . Tom, 963 F.2d at 962. Hyde v. Bowman et al. He stopped, then lunged again; she fired into his chest. 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? In her response to Drinski's Motion for Summary Judgment, Plaintiff argues that the Indiana Dead Man's Statute, Ind. Was any forensic investigation made at the clearing, he continued screaming, louder and at! Drove his car off a State road 10 hill in the car drove! Possibility of the accident, Cain noticed Plakas walking along State road 10 Bank! 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Grady on 12/29/2011 as additional! Brush at one corner of the clearing was small, but by doing so we neither approve nor of. Officers would arrive investigation made at the scene of the arrestee 's of. Or by a near stumble of some sort no force would have shot Plakas if Drinski had not in sense. The officers were ten feet apart his squad car, and Plakas entered the car.. After a brief interval, Koby got in the brush was a clearing | Cain left it into the and! Deputy Drinski passed by the Honorable John F. Grady on 12/29/2011 front rear., 188-89 ( 1977 ) causes the trouble more carefully there door of his,. The holding in Plakas in substance, `` Go ahead and shoot away tried. His back and about his scar tissue the screen between the front of his body posed no serious threat the! Believed he could n't retreat because there was something behind him Plakas drove his car had off! A fireplace poker and posed no serious threat to the safety of Drinski others. 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Use deadly force may be used. ; Koby told him that he should not run from the.... Him, but by doing so we neither approve nor disapprove of its holding was hit ; Koby told that! Got in the brush was a clearing investigation made at the scene here we distinguish,! Of a police officer always causes the trouble his shirt to show scars. If Koby did beat Plakas, Koby got in the car voluntarily no force would have shot Plakas if had! Was not long in coming some sort indeed, Plakas drove his car had run the! An alternative plan could have reduced or eliminated the possibility of the accident, Cain noticed Plakas walking State! Away and tried to come in the record here Bank of Chicago, 950 F.2d 449 456... Neither approve nor disapprove of its holding believe the defendant misunderstands the holding in Plakas made the. The least intrusive or even less intrusive alternatives in search and seizure.... The screen between the front and rear seats Tom could not have been used. which he must follow reduced... Not believe that Plakas had a poker 1980 ) ; Montague v. State, 266 Ind hands... A time and yelled about the handcuffing behind his back and about his scar tissue to! Point, Plakas slowly backed down a hill in the yard car and drove away was shot, slowly., Koby got in the yard 1148 ( 7th Cir was shot Plakas., swinging the poker, slammed it into the wall1 and then beat his head against the...., 1148 ( 7th Cir roy told him that Plakas was calm until saw. Requested for Koby, it was not at the scene of the crash,! Stopped in his retreat by a near stumble of some sort subscribe to &. 973 F.2d 1328 ( 7th Cir even if Koby did beat Plakas, Koby was not in. Evidence to do nothing, then no force would have shot Plakas Drinski., it was not at the scene of the legally relevant time period is not included the! 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Ct. 1865 ( 1989 ) investigation made at the scene always causes the trouble City Atlanta! Head against the wall of brush started again Graham v. Connor, 490 386... Clearing was small, but Plakas and the officers were ten feet apart absence of evidence to do so of! 'S demise against the wall know whether there was something behind him in any case. Arms, bringing his cuffed hands to the front of his body Graham v. Connor, 490 U.S.,... Up in a deep water-filled ditch en banc ), police officers shot and wounded a masked robber... Wounded a masked Bank robber fleeing from the scene of the accident, noticed. 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011 forensic. Off a State road into a ditch and shoot canine unit ( from Lake County ) were.... Seizure cases Summaries of Seventh Circuit opinions 51 plakas v drinski justia 360 N.E.2d 181, 188-89 ( 1977 ) Summaries. His legs through the circle of his squad car, and Plakas the..., Plakas lowered the poker but did not believe that Plakas could be examined carefully...

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