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. Plakas was calm until he saw Cain and Koby. 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. He moaned and said, "I'm dying." She decided she would have to pull her weapon so that he would not get it. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. 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. This conclusion accords comfortably with the opinion of Judge Zagel in Plakas v. Drinski, 19 F.3d 1143, 1148-50 (7th Cir. 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. 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. 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. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. 2009) (per curiam) (quoting Vinyard v. Plakas brings up a few bits of evidence to do so. Plakas often repeated these thoughts. 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 . . Perras and Drinski entered the clearing. Id. Cain and Koby were the first to enter. Plakas refused medical treatment and signed a written waiver of treatment. Twice the police called out, "Halt, police," but the plaintiff may not have heard. This is what we mean when we say we refuse to second-guess the officer. Jo Ann PLAKAS, Individually and as Administrator of the Estate of Konstantino N. Plakas, Deceased, Plaintiff-Appellant, v. Jeffrey DRINSKI, in both his individual and official capacity and Newton County, Indiana, a municipal unit of government, Defendants-Appellees. Plakas yelled a lot at Koby. et al. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. A training program would be created under the bill that would cover racial bias and duty to intervene, and the measure would require that police officers use deadly force only as a last resort and use de-escalation techniques. 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. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. He fell on his face inside the doorway, his hands still cuffed behind his back. Abstract. right or left of "armed robbery. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. search results: Unidirectional search, left to right: in * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. Hyde v. Bowman et al. The plaintiff there was the administrator of the estate of 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 knew there was an ambulance at that site and that Plakas could be examined more carefully there. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. 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. He also said, in substance, "Go ahead and shoot. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." The alternatives here were three. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. . It is significant he never yelled about a beating. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Plakas' mother, the Administratrix of his estate, has filed suit under 42 U.S.C. Tom v. Voida did not, and did not mean to, announce a new doctrine. He picked one of them up, a 2-3 foot poker with a hook on its end. 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 . Drinski did not believe that Plakas was ever ready to surrender, although he was calmer for a time. armed robbery w/5 gun, "gun" occurs to 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." 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. 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, The closest thing we have to such a list is the rule which requires prison administrators to provide a law library to inmates, but even here we only require this as an alternative to providing other forms of legal assistance. From a house Plakas grabbed a fire poker and threaten the . This site is protected by reCAPTCHA and the Google. Koby sought to reassure Plakas that he was not there to hurt him. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. Twice the police called out, "Halt, police," but the plaintiff may not have heard. Officers found out that Plakas was involved in an accident, so an officer drove Plakas back to 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." In this sense, the police officer always causes the trouble. 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. When Cain and Plakas arrived, the ambulance driver examined Plakas. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 1988) (en banc) . Get free summaries of new Seventh Circuit US Court of Appeals opinions delivered to your inbox! 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. 6. The answer is no. Cain left. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . Drinski and Perras had entered the house from the garage and saw Plakas leave. Voida could not have subdued Tom through lesser means, as she did not have her nightstick with her and she feared that reaching for her chemical repellant would expose her weapon to Tom's grasp. 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. He appeared to be blacking out. Tom, 963 F.2d at 962. 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. Finally, there is the argument most strongly urged by Plakas. It is obvious that we said Voida thought she had no alternatives. Plakas died sometime after he arrived at the hospital. 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. 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. Taken literally the argument fails because Drinski did use alternative methods. 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. Paul F. Michel (argued), Thomas McClure, Rosa A. Eliades, Elliott & McClure, Bourbonnais, IL, for Jo Ann PLAKAS. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. There may be state law rules which require retreat, but these do not impose constitutional duties. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. Our historical emphasis on the shortness of the legally relevant time period is not accidental. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. Again, he struck her. 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.". 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. A volunteer fireman found him walking . There are a wide variety of devices available for nonlethal control of those who refuse to surrender, including tasers, capture nets, sticky foam, rubber bullets, and beanbag projectiles. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. 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. Then the rear door flew open, and Plakas fled into snow-covered woods. She had no idea if other officers would arrive. 1985) (en banc). Plakas V Drinski. 1994). Then Plakas tried to break through the brush. 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. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. 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. Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. Id. Taken literally the argument fails because Drinski did use alternative methods. 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. 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. 251, 403 N.E.2d 821, 823, 825 (Ind. Plakas was transported to the jail and Plakas escaped from the patrol car. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. Roy told him that he should not run from the police. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. Dockets & Filings. His car had run off the road and wound up in a deep water-filled ditch. We believe the defendant misunderstands the holding in Plakas. He swore Koby would not touch him. 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. As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. Warren v. Chicago Police Dept. You're all set! See Reed v. Hoy, 909 F.2d 324, 330-31 (9th Cir. 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. 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.". Plakas complained about being cuffed behind his back. Sign up for our free summaries and get the latest delivered directly to you. We do not know whether there was any forensic investigation made at the scene. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. 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). Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Joyce and Rachel helped him. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. Signed by District Judge R. Stan Baker on 01/06/2023. At one point, Plakas lowered the poker but did not lay it down. Find a Lawyer. 1356. 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. ZAGEL, District Judge. 1994). 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. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. 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