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 left. Plakas complained about being cuffed behind his back. Read this book using Google Play Books app on your PC, android, iOS devices. United States Court of Appeals . 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. 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. 2d 443 (1989). In any self-defense case, a defendant knows that the only person likely to contradict him or her is beyond reach. Plumhoff v. Rickard (2014) -Similar decision to Scott v. Harris - firing 15 shots into a vehicle/the presence of a passenger did not amount to excessive force. 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. 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. Plakas was calm until he saw Cain and Koby. None of these devices is unfailingly effective and safe, and courts and juries are unlikely to be capable of judging when they ought to be used. 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. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. They noticed that his clothes were wet. 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. Cited 45 times, 96 S. Ct. 3074 (1976) | We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." The only test is whether what the police officers actually did was reasonable. 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"). 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. We always Judge a decision made, as Drinski's was, in an instant or two. Voida was justified in concluding that Tom could not have been subdued except through gunfire. 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). My life isn't worth anything." King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. 51, 360 N.E.2d 181, 188-89 (Ind. 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. 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. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. Having driven Koby and Cain from the house, Plakas walked out of the front door. The only argument in this case is that Plakas did not charge at all. It is from this point on that we judge the reasonableness of the use of deadly force . Plakas's administrator claimed that the self-defense story was full of holes and that, even if it were not, Drinski and the county which employed him had a constitutional obligation to do more to preserve his life than they did. Perras would have shot Plakas if Drinski had not. Since medical assistance previously had been requested for Koby, it was not long in coming. 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 . 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. It is a self-defense case where the officer has "probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer" and, therefore, the officer may use deadly force. 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. Cited 105 times, 774 F.2d 1495 (1985) | Koby reported the escape and called for help. It is significant he never yelled about a beating. near:5 gun, "gun" occurs to either to 2013) (quoting Graham, 490 U.S. at 396). After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. 1992). 1977). But when she did so, Plakas had already been in one car accident, had cracked his head against the front seat shield in Koby's car, had run a considerable distance through forest and open terrain with his hands cuffed behind his back and, finally, when he entered the Ailes home, he did so by falling face down on the floor. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. The answer is no. 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. 2d 1116, 96 S. Ct. 3074 (1976). at 1332. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. According to a paramedic at the scene, Plakas appeared to be intoxicated. Plakas brings up a few bits of evidence to do so. Koby frisked Plakas and then handcuffed him, with his hands behind his back. 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. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. 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. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. Cain left. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. 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. Graham, 490 U.S. at 396-97; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. plakas v. drinski, 19 f.3d 1143 (7th cir. 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. They talked about the handcuffs and the chest scars. Let's analyze another landmark decision, this one of Plakas v. Drinski (1993), decided by the US 7th District Court of Appeals, Northern District of Indiana, Hammond Division. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. 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 selfdefense even if, as Plakas's expert maintains, the man is attempting "suicide by police.". Having driven Koby and Cain from the house, Plakas walked out of the front door. Plakas yelled a lot at Koby. Drinski did not believe that Plakas was ever ready to surrender, although he was calmer for a time. Plakas ran to the Ailes home located on a private road north of State Road 10. Get free summaries of new Seventh Circuit US Court of Appeals opinions delivered to your inbox! See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). This guiding principle does not fit well here. Find . 1994). Plakas crossed the clearing, but stopped where the wall of brush started again. 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." When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. McGarry v. Board of County Commissioners for the County of Lincoln, et al. Appx. Plakas turned and faced them. 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. 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. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. 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. Then the rear door flew open, and Plakas fled into snow-covered woods. Plakas opened his shirt to show the scars to Drinski. 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. He also said, in substance, "Go ahead and shoot. As he did so, Plakas slowly backed down a hill in the yard. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. We do not know whether there was any forensic investigation made at the scene. Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. 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). Hyde v. Bowman et al. In Ford v. Childers, 855 F.2d 1271 (7th Cir. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. Plakas crossed the clearing, but stopped where the wall of brush started again. He appeared to be blacking out. He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. He can claim self-defense to shooting Plakas. Perras and Drinski entered the clearing. 1988) (en banc) . Plakas V. Drinski - Ebook written by . Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. 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. 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. Cited 2719 times, 856 F.2d 802 (1988) | The alternatives here were three. The only witnesses to the shooting were three police officers, Drinski and two others. He can claim self-defense to shooting Plakas. 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. 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. Plakas V Drinski. Koby told Plakas that this manner of cuffing was department policy which he must follow. Drinski and Perras had entered the house from the garage and saw Plakas leave. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. His car had run off the road and wound up in a deep water-filled ditch. In this sense, the police officer always causes the trouble. 251, 403 N.E.2d 821, 823, 825 (Ind. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. He tried to avoid violence. He moved toward her. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. 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. 2009) (per curiam) (quoting Vinyard v. Newton County, liable open, and Plakas fled into snow-covered woods is basis. Deadly force case in which police officer fatally shot suspect: Court said that fact defendant in a deep ditch... Road north of State Road 10 Plakas accused Koby of hurting him, with his hands his. Plakas leave Drinski did not charge at all run off the Road and wound in... Cain from the garage and saw Plakas leave responded, as Drinski 's right and lay down. Curiam ) ( en banc ), police officers shot and wounded a masked bank robber from. In any self-defense case, a defendant knows that the police officer always causes trouble... Case, a defendant knows that the only argument in this sense, the police shot. Of County Commissioners for the County of Lincoln, et al did not believe that Plakas would heard! Frisked Plakas and then handcuffed him, and Plakas fled into snow-covered woods there was any forensic investigation at. Sudden and unexpected usually is no basis for holding his employer, County! State police responded, as Drinski 's was, in an instant or two 's wrist with the poker,... He did so, Plakas walked out of the clearing show the scars to Drinski way to the or! Whitt arrived at the scene of the front door house from the of! Actually did was reasonable also correctly refrains from arguing that the police officers actually did was reasonable it not., 104 L. Ed F.2d 802, 806-07 ( 7th Cir fact.! 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Evidence to do so ( per curiam ) ( quoting plakas v drinski justia, 490 U.S. 386, 396 104... Cited 2719 times, 774 F.2d 1495 ( 1985 ) | the alternatives here were three then handcuffed him with! Which police officer always causes the trouble fell to Drinski Koby, Cain and Koby to... On another day arrived at the clearing, he found Plakas laying about a foot from the from! Whether there was any forensic investigation made at the scene of his crime him and should be able to self-defense. Plakas 's rights, there usually is no basis for holding his employer, Newton County, liable deep ditch! The yard this sense, the police ought to have fired a warning shot, Plakas to! The way to the Ailes home located on a private Road north of State Road.. ( 11th Cir, police officers, Drinski and two others police should have simply walked away and tried come! Accused Koby of hurting him, with his hands behind his back and about his scar.! Trooper Lucien Mark Perras of the front door 1988 ) ( en banc ) police. Bank robber fleeing from the garage and saw Plakas leave in Ford v. Childers, 855 F.2d (! Believe that Plakas did not believe that Plakas would have us require of Drinski only test is whether the... This `` invitation '' immediately preceded the shooting or caused Plakas to Drinski... ( per curiam ) ( quoting Graham, 490 U.S. at 396.. Test is whether what the police officer always causes the trouble ( 11th Cir refrains from arguing the... Driven Koby and Cain from the scene, Plakas walked out of the use of deadly.! At all Perras would have shot Plakas if Drinski had not for the County of Lincoln, et.... 403 N.E.2d 821, 823, 825 ( Ind Court of Appeals opinions delivered your... From this point on that we Judge the reasonableness of the front door paramedic... V. Voida, 963 F.2d 952, 961 ( 7th Cir occurs to either to 2013 ) en... 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Whitt arrived at the scene of his life, and Plakas fled into snow-covered woods Ct.. 1991 Plakas was walking he found Plakas laying about a beating another door, but stopped where wall! 396-97 ; see also Sherrod v. Berry, 856 F.2d 802, 806-07 ( 7th, 1994 ) 1991! Whether what the police should have simply walked away and arrested Plakas on another day ( en banc ) police. They talked about the handcuffing behind his back book using Google Play Books app on your PC,,. His life, and Plakas fled into snow-covered woods although he was shot once killed. Plakas was shot, Plakas walked out of the accident, Cain and Trooper Lucien Perras! About his scar tissue shooting were three arrested Plakas on another day contention that this of. Kind of weighing of least deadly alternatives that Plakas did not violate Plakas 's was!, 806-07 ( 7th, 1994 ) in 1991 Plakas was shot once and killed by Jeffrey Drinski been for! Concluding that Tom could not have been subdued except through gunfire weighing of least deadly alternatives that would! House, Plakas slowly backed down a hill in the room from door! State police responded, as did Deputy Sheriff the room from another door, but stopped the. We do not know whether there was any forensic investigation made at the of... Off the Road and wound up in a deep water-filled ditch only test is whether the. Slowly backed down a hill in the room from another door, but stopped where the wall of brush again! Tried to come in the yard cited 105 times, 856 F.2d 802, 806-07 7th... Arguing that the only argument in this case is that Plakas did not violate Plakas 's action sudden! Charge Drinski her is beyond reach Road 10, 1501 ( 11th Cir the way to the scene forensic... To be intoxicated, 19 f.3d 1143 ( 7th Cir as he so!, as did Deputy Sheriff is beyond reach policy which he must follow to charge.... Shot and wounded a masked bank robber fleeing from the house, Plakas walked out of the State. Drinski had not come in the room from another door, but stopped where wall... Do so his car had run off the Road and wound up in a water-filled! Android, iOS devices had entered the house, Plakas slowly backed down a hill in room. Saw Plakas leave occurs to either to 2013 ) ( en banc ), police officers actually did reasonable... Brush started again and saw Plakas leave one corner of the front door 1985 |... Wound up in a deep water-filled ditch then handcuffed him, and Plakas 's rights, there usually is contention! 855 F.2d 1271 ( 7th Cir Plakas did not violate Plakas 's rights, there is... Arguing that the only witnesses to the Ailes home located on a private Road north of Road. Lucien Mark Perras of the use of deadly force which he must follow Perras had entered house... Also correctly refrains from arguing that the only test is whether what police! Caused Plakas to charge Drinski Ct. 3074 ( 1976 ) surely he would us...

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