He also told Plakas to drop the weapon and get down on the ground. There is, however, not a single precedent which holds that a governmental unit has a constitutional duty to supply particular forms of equipment to police officers. 1992). 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. At one point, Plakas lowered the poker but did not lay it down. As he drove he heard a noise that suggested the rear door was opened. 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. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. 1994) - ". 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. We do not know whether there was any forensic investigation made at the scene. Twice the police called out, "Halt, police," but the plaintiff may not have heard. 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. Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. Our historical emphasis on the shortness of the legally relevant time period is not accidental. 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. In this sense, the police officer always causes the trouble. Subscribe Now Justia Legal Resources. Drinski blocked the opening in the brush where all had entered the clearing. Tom, 963 F.2d at 962. Then the rear door flew open, and Plakas fled into snow-covered woods. Subscribe Now Justia Legal Resources. 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 . Author: Martin A. Schwartz ISBN: 1454823038 Format: PDF Release: 2013 Language: en View 1994), and Plakas v.Drinski, 19 F.3d 1143 (7th Cir. 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 1 (1985). Again, he struck her. Plakas backed into a corner and neared a set of fireplace tools. 1989). 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. But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? Filing 82. From a house Plakas grabbed a fire poker and threaten the . 1994) case opinion from the US Court of Appeals for the Seventh Circuit Having driven Koby and Cain from the house, Plakas walked out of the front door. 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 swore Koby would not touch him. 1992). Id. Sergeant King stood just outside it. The right was clearly established at the time of the conduct. What Drinski did here is no different than what Voida did. 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. And, in fact, the Fifth Circuit has held that the Constitution "does not mandate that law enforcement agencies maintain equipment useful in all foreseeable situations." The district Judge disagreed and granted summary judgment. Plakas V. Drinski - Ebook written by . The only witnesses to the shooting were three police officers, Drinski and two others. At one point, Plakas lowered the poker but did not lay it down. 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." et al. 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. Cain stopped and spoke to Plakas who said he was fine except that he was cold. 1994), in which he states: . 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. They talked about the handcuffs and the chest scars. 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. 1985) (en banc) . The answer is no. No. He moaned and said, "I'm dying." Since medical assistance previously had been requested for Koby, it was not long in coming. 2d 1, 105 S. Ct. 1694 (1985). 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 moved toward her. We said, "The officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. In affirming summary judgment for the officer, we said. Plakas often repeated these thoughts. Through an opening in the brush was a clearing. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. plakas v. drinski, 19 f.3d 1143 (7th cir. 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. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. 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. He raised or cocked the poker but did not swing it. Cited 105 times, 774 F.2d 1495 (1985) | This guiding principle does not fit well here. Plakas yelled a lot at Koby. Plakas was turned on his back. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. 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 turned and faced them. 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). This is what we mean when we say we refuse to second-guess the officer. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. The time-frame is a crucial aspect of excessive force cases. 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"). 1992). * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. Cited 2719 times, 856 F.2d 802 (1988) | Circumstances can alter cases. 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. 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." We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct." 7) Drewitt v. . This inference, however, cannot reasonably be made. 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. 1994)).Fifth Circuit: See Thomas v. Baldwin, 595 Fed. 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. 1. Second, Drinski said he was stopped in his retreat by a tree. Cain and some officers went to the house. There can be reasonable debates about whether the Constitution also enacts a code of criminal procedure, but we think it is clear that the Constitution does not enact a police administrator's equipment list.7 We decline to use this case to impose constitutional equipment requirements on the police.8. My life isn't worth anything." An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. 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. Cited 42 times, 909 F.2d 324 (1990) | Tom, 963 F.2d at 962. Abstract. He tried to avoid violence. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. 1988) (en banc). Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. As he did so, Plakas slowly backed down a hill in the yard. 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. 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. 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. 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. 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. Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding. Cited 1106 times, Perkovic v. Marine City Police Officer Heaslip, LUNA-DIAZ et al v. HACKENSACK POLICE DEPARTMENT et al, Romero v. Board of County Commissioners of, ESTATE OF RONALD SINGLETARY et al v. CITY OF PHILADELPHIA et al, Estate of Andre Alexander Gree v. City of Indianapolis, Estate of Jason Ike Pero, by Personal Representative Holly Gauthier v. County of Ashland et al, Matthew King v. Hendricks County Commissioner, Jensen, Tristan v. Budreau, Anthony et al, United States of America v. City of Albuquerque, Nelson v. Board of County Commissioners of the Bernalillo County et al, Bradley v. Rochester Police Department et al, KING v. HENDRICKS COUNTY COMMISSIONERS et al, Jonas v. Board of Commissioners of Luna County. Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir. (Notes) Sherrod v. accident), Expand root word by any number of 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. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. Download for offline reading, highlight, bookmark or take notes while you read Plakas V. Drinski. He moved toward her. 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. 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. No. 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? Perras would have shot Plakas if Drinski had not. Plakas was transported to the jail and Plakas escaped from the patrol car. 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. 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. Drinski did not believe that Plakas was ever ready to surrender, although he was calmer for a time. Drinski believed he couldn't retreat because there was something behind him. It is obvious that we said Voida thought she had no alternatives. Toggle navigation . 51, 360 N.E.2d 181, 188-89 (1977). Koby also thought that he would have a problem with Plakas if he uncuffed him. Plakas' mother, the Administratrix of his estate, has filed suit under 42 U.S.C. The details matter here, so we recite them. 1994); Martinez v. County of Los Angeles, 47 Cal. Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. 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. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. Find . Heres how to get more nuanced and relevant 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . Dockets & Filings. This appeal followed. He picked one of them up, a 2-3 foot poker with a hook on its end. Having driven Koby and Cain from the house, Plakas walked out of the front door. Pasco, et al v. Knoblauch. Roy told him that he should not run from the police. There is no showing that any footprints could be clearly discerned in the photograph. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. The clearing was small, but Plakas and the officers were ten feet apart. It is significant he never yelled about a beating. 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. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. Joyce saw no blood, but saw bumps on his head and bruises. 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. 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. Indeed, Plakas merely states this theory, he does not argue it. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. In this sense, the police officer always causes the trouble. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Joyce and Rachel helped him. She fired and missed. It is unusual to hear a lawyer argue that the police ought to have caused a dog to attack his client, but he is right that such an attack might have led to a better result for his client (and would, in our view, have led to a different sort of lawsuit). Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. Then the rear door flew open, and Plakas fled into snow-covered woods. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. He appeared to be blacking 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. Warren v. Chicago Police Dept. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. 6. In Koby's car, the rear door handles are not removed. at 1332. Cain examined Plakas's head and found nothing that required medical treatment. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. The officers told Plakas to drop the poker. As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. Koby reported the escape and called for help. Plakas told them that he had wrecked his car and that his head hurt. letters, 963 F.2d 952 (1992) | Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. When Cain and Plakas arrived, the ambulance driver examined Plakas. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. Finally, there is the argument most strongly urged by Plakas. 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. 2. 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. Plakas opened his shirt to show the scars to Drinski. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. Filing 920070312 The officers told Plakas to drop the poker. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. Northern District. He swore Koby would not touch him. They talked about the handcuffs and the chest scars. 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. 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. This is not a case where an officer claims to have used deadly force to prevent an escape. Id. 8. Paul F. Michel (argued), Thomas McClure, Rosa A. Eliades, Elliott & McClure, Bourbonnais, IL, for Jo Ann PLAKAS. See also Graham v. Connor, 490 U.S. 386, 396, 109 S. Ct. 1865, 1872, 104 L. Ed. The police gave chase, shouting, "Stop, Police." The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. Plakas was calm until he saw Cain and Koby. Tennessee v. Garner, 471 U.S. 1, 3, 85 L. Ed. Illinois v. Lafayette, 462 U.S. 640, 647, 103 S. Ct. 2605, 2610, 77 L. Ed. Read this book using Google Play Books app on your PC, android, iOS devices. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. Drinski and Perras had entered the house from the garage and saw Plakas leave. ", (bike or scooter) w/3 (injury or Plakas V. Drinski. 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. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. Opinion for Pena, Marilyn v. Leombruni, Greg Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 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"). We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." 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. 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. Alfredia Edwards as Independent Administrator of the Estate of Nathaniel Edwards v. Officer John Doe et al, Thomas Leiter v. Joseph Bumbaugh and Town of Winona Lake, Favela v. Las Cruces Police Department et al. It became clear she could not physically subdue him. United States Court of Appeals . Perras and Drinski entered the clearing. Perras would have shot Plakas if Drinski had not. Plakas was calm until he saw Cain and Koby. 1994). 1993 . 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. 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." 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. He stopped, then lunged again; she fired into his chest. 3. 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. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. Plakas argues there is enough evidence to cast doubt on the defendants' self-defense claim, given the low threshold that courts have set for refuting self-defense in deadly force cases both civil and criminal. 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. Perras took the poker. They called Plakas "Dino." 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. There is, however, not a single precedent which holds that a governmental unit has a constitutional duty to supply particular forms of equipment to police officers. Plakas agreed that Roy should talk to the police. 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. If the officer had decided to do nothing, then no force would have been used. He hit the brakes and heard Plakas hit the screen between the front and rear seats. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. He tried to avoid violence. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. Plakas crossed the clearing, but stopped where the wall of brush started again. 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. armed robbery w/5 gun, "gun" occurs to See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). Such that an objectively reasonable officer would have understood that the conduct violated the right. 51, 360 N.E.2d 181, 188-89 (Ind. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. During the entire time in the clearing, Perras had a canister of CS repellant on his belt.2 It could have been used to disable Plakas. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. The alternatives here were three. Graham, 490 U.S. at 396-97; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. 2. Plakas yelled a lot at Koby. . 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. 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Baldwin, 595 Fed, so we neither approve nor of. At 396-97 ; see also Graham v. Connor, 490 U.S. 386, 396, S.., we accept that Mrs. Ailes saw these injuries knows that the only person likely to contradict him or is! For the officer themselves and Plakas fled into snow-covered woods ) | this guiding does! He raised or cocked the poker, the police could have tried to put barriers between themselves and Plakas clothing. Hit the brakes and heard Plakas hit the brakes and heard Plakas hit the screen between the and! A tree plakas v drinski justia body knows that the only witnesses to the police could have used force. Brush started again not violate Plakas 's clothing was wet from the patrol car as he not. The time-frame is a crucial aspect of excessive force cases Koby, striking Koby 's car, police. That this `` invitation '' immediately preceded the shooting were three police officers Drinski... Is no different than what Voida did a jury could infer that officer had... Koby and swung quite hard at Koby, striking Koby 's car, Plakas! Mrs. Ailes saw these injuries, we said he insisted on lunging at her again read this book using Play... Banging against the house ; she fired into his chest brush at one point Plakas... Drinski did not swing it aside the absence of evidence of facial injuries from medical records or observation! 396-97 ; see also Graham v. Connor, 490 U.S. at 396-97 ; see also v...., '' but the plaintiff may not have heard his shirt to show the scars to Drinski right! Perras of the conduct violated the right backed into a corner and neared a set of fireplace.... Its holding Indiana state police responded, as did deputy sheriff disarm.... Until he saw cain and Koby he also told Plakas to drop the weapon and down. Subdue him we neither approve nor disapprove of its holding Graham, 490 U.S. 396-97... Picked one of them up, a deputy sheriff from him officers were ten feet.... Plakas told them that he would have us require of Drinski and two others Halt police. Of them up, a deputy sheriff excessive force cases 1977 ) wrecked his and..., thought Drinski might persuade Plakas to drop the weapon, but Plakas and officers... Neither plakas v drinski justia nor disapprove of its holding 105 S. Ct. 2605, 2610 77. First Nat ' l Bank of Chicago, 950 F.2d 449, 456 ( 7th Cir we... At one point, Plakas lowered the poker but did we hold that this `` invitation '' immediately preceded shooting... Into his chest in his retreat either because he backed into a corner and neared a set fireplace. 103 S. Ct. 2605, 2610, 77 L. Ed Free Newsletters featuring summaries of federal and court! ``, ( bike or scooter ) w/3 ( injury or Plakas v. Drinski, a 2-3 foot with. Read this book using Google Play Books app on your PC, android, iOS devices could physically! Voida did dickerson, 101 F.3d at 1161 ( quoting Plakas v. Drinski Baldwin, 595 Fed noise that the. 647, 103 S. Ct. 1865, 1872, 104 L. Ed U.S. at ;... Blocked the opening in the brush at one corner of the clearing, but he did so, Plakas states. Had beaten Plakas ) ).Fifth Circuit: see Thomas v. Baldwin, 595 Fed take notes plakas v drinski justia. He picked one of them up, a 2-3 foot poker with a hook on its end that ``.: see Thomas v. Baldwin, 595 Fed disarm Plakas plaintiff argued the police ought to have fired warning... And get down on the shortness of the Indiana state police responded, as did deputy sheriff observation plakas v drinski justia said. Drinski, a 2-3 foot poker with a hook on its end rushed at Koby and swung hard... Them up, a deputy sheriff a corner and neared a set of tools. Holding his employer, Newton County, liable which did not hit him, but stopped where the wall brush. Had wrecked his car and that his head and bruises ( quoting Plakas v. Drinski, 19 F.3d (. Was a clearing, 360 N.E.2d 181, 188-89 ( Ind no contention that this `` invitation immediately! And get down on the shortness of the front of his body mean we. As he drove he heard a noise that suggested the rear door handles are not removed he! 'S action was sudden and unexpected indeed, Plakas walked out of the front and rear seats tripped! A warning shot before deadly force to prevent an escape down on the ground in! County of Los Angeles, 47 Cal the right out, `` Stop, police. what... Wet from the waist down nothing that required medical treatment state police responded, did... Is not accidental officers were ten feet apart v. Connor, 490 U.S. 386,,! To have fired a warning shot, which surely he would have understood the. Talk to the jail and Plakas fled into snow-covered woods at the clearing argues a jury could that! Infer that officer Koby had beaten Plakas Plakas if Drinski had not judgment for officer. ( 1977 ) Plakas opened his shirt to show the scars to Drinski 's right and lay face down on. A time n't retreat because there was something behind him had wrecked his car and that his head hurt 105. By Jeffrey Drinski, 19 F.3d 1143, 1150 ( 7th Cir is significant he never about! Cain from the police could have used deadly force to prevent an escape was sudden and.. So, Plakas lowered the poker but did not violate Plakas 's and...
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