plakas v drinski justia

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 . 1992). My life isn't worth anything." Since medical assistance previously had been requested for Koby, it was not long in coming. He tried to avoid violence. 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. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. 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. Drinski blocked the opening in the brush where all had entered the clearing. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. You're all set! 2d 1, 105 S. Ct. 1694 (1985). 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 knew there was an ambulance at that site and that Plakas could be examined more carefully there. He moved toward her. at 1332. 1994). 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. 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. 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 . 1994) case opinion from the US Court of Appeals for the Seventh Circuit 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. Hyde v. Bowman et al. 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. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. In affirming summary judgment for the officer, we said. at 1332. 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. This appeal followed. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. Cited 43 times, 855 F.2d 1271 (1988) | 1985) (en banc). Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." He appeared to be blacking out. 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. He stopped, then lunged again; she fired into his chest. Abstract. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. right of "armed robbery. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. 1356. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. He can claim self-defense to shooting Plakas. 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. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. Anderson v. Creighton In Anderson v. Creighton, 483 U .S. 2d 1116, 96 S. Ct. 3074 (1976). Joyce Ailes heard Dino banging against the house; she saw him and opened the door. Plakas often repeated these thoughts. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. The only witnesses to the shooting were three police officers, Drinski and two others. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. 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. 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. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. Cain and Koby were the first to enter. Roy stayed outside to direct other police to his house. Because these facts are not in the record, we cannot consider them on appeal and assume that had they any significance, they would have been made part of the record. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. No. 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. His car had run off the road and wound up in a deep water-filled ditch. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. She had no idea if other officers would arrive. This appeal followed. See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. 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. 51, 360 N.E.2d 181, 188-89 (Ind. 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. Perras would have shot Plakas if Drinski had not. plakas v. drinski, 19 f.3d 1143 (7th cir. The background: Konstantino Plakas wrecked his vehicle in Newton County, Indiana, and walked away from the scene of the crash. * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." Plakas backed into a corner and neared a set of fireplace tools. Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir. et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011. In brief, after the officer stopped to help the man, his actions and his flight showed he was unhurt and may well have stolen the bike from which he fell. See Reed v. Hoy, 909 F.2d 324, 330-31 (9th Cir. What Drinski did here is no different than what Voida did. 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 . They called Plakas "Dino." Id. Actually, the photograph is not included in the record here. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. We do not know whether there was any forensic investigation made at the scene. 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." Drinski believed he couldn't retreat because there was something behind him. Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding. 3. 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. Circumstances can alter cases. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. Plakas V. Drinski. 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. Bankruptcy Lawyers; Business Lawyers . Plakas was calm until he saw Cain and Koby. near:5 gun, "gun" occurs to either to Find . 1983 against Drinski and Newton County to recover damages in connection with her son's death. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. 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. This guiding principle does not fit well here. 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. Heres how to get more nuanced and relevant Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. They noticed that his clothes were wet. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. 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. 1. In this sense, the police officer always causes the trouble. 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. Cited 2719 times, 856 F.2d 802 (1988) | In Koby's car, the rear door handles are not removed. Koby reported the escape and called for help. The district Judge disagreed and granted summary judgment. Plakas agreed that Roy should talk to the police. Plakas remained semiconscious until medical assistance arrived. 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? Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. As he did so, Plakas slowly backed down a hill in the yard. 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. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. He moaned and said, "I'm dying." Plakas v. Drinski, 19 F.3d 1143 (7th Cir. He swore Koby would not touch him. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Roy tried to talk Plakas into surrendering. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. 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. United States District Court, N.D. Indiana, Hammond Division. 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 police could have continued to maintain distance from Plakas and keep some form of barrier (like the row of hedges) between him and them. 1992). In this sense, the police officer always causes the trouble. 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. Plakas turned and faced them. 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)). What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. It is obvious that we said Voida thought she had no alternatives. Id. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. She fired and missed. 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. If the officer had decided to do nothing, then no force would have been used. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. 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, The record before us leaves only room for speculation about some circumstances. 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. 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. 5. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). Joyce Ailes heard Dino banging against the house; she saw him and opened the door. 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. 1994). One of the claims most strongly urged by the plaintiff was that the officer had "a duty to use alternative methods short of deadly force to . No. 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, however, merely mentions this testimony to show that Drinski was badly trained. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. She fired and missed. It is significant he never yelled about a beating. We believe the defendant misunderstands the holding in Plakas. 6. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. 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 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. 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. 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. He tried to avoid violence. Cain left. ZAGEL, District Judge. According to a paramedic at the scene, Plakas appeared to be intoxicated. 2. Koby sought to reassure Plakas that he was not there to hurt him. Plakas brings up a few bits of evidence to do so. 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. A corner and neared a set of fireplace tools 1161 ( quoting v.... Plakas to charge Drinski was wet from the scene, Plakas appeared be... Of Chicago, 950 F.2d 449, 456 ( 7th Cir ), police officers, Drinski Newton! Would have been used. was calm until he saw cain and Koby up in a deep water-filled.. 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