From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. 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. 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. 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 did not believe that Plakas was ever ready to surrender, although he was calmer for a time. Indeed, Plakas merely states this theory, he does not argue it. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 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. 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. Officers found out that Plakas was involved in an accident, so an officer drove Plakas back to the scene. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. Code Ann. They called Plakas "Dino." This is what we mean when we say we refuse to second-guess the officer. Plakas remained semiconscious until medical assistance arrived. He moaned and said, "I'm dying." Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. He hit the brakes and heard Plakas hit the screen between the front and rear seats. When Cain and Plakas arrived, the ambulance driver examined Plakas. 1993 . She alleges that her son was armed with only a fireplace poker and posed no serious threat to the safety of Drinski or others. At times Plakas moved the poker about; at times it rested against the ground. The district court's grant of summary judgment is AFFIRMED. Cited 12622 times, 103 S. Ct. 2605 (1983) | 1994). Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. 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. The only test is whether what the police officers actually did was reasonable. 7. According to Monell V. Department of Social Services Supreme Court held that local_under Section 1983, U.S.C when a_of the entity causes_ . 2009) (per curiam) (quoting Vinyard v. 1994)). Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: Filing 82. 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. 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. Such that an objectively reasonable officer would have understood that the conduct violated the right. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. Here we agree that the undisputed facts can lead to but one conclusion, that Drinski's use of deadly force was reasonable given Plakas's act of aggression and Drinski's knowledge of what had gone on before. Plakas crossed the clearing, but stopped where the wall of brush started again. 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." 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. 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. 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.". King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. Plakas often repeated these thoughts. Cain thought Plakas was out to kill him.&gENDFN>. 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. Cited 201 times, 855 F.2d 1256 (1988) | 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. 251, 403 N.E.2d 821, 823, 825 (1980); Montague v. State, 266 Ind. 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. There is no showing that any footprints could be clearly discerned in the photograph. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. Koby also thought that he would have a problem with Plakas if he uncuffed him. 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? 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 is not a case where an officer claims to have used deadly force to prevent an escape. 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. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. Cited 651 times, 105 S. Ct. 1694 (1985) | The answer is no. He saw Plakas cock the poker over his head for a swing and, when Plakas was two arms lengths away, he fired once at Plakas' chest. 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." He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. She fired and missed. search results: Unidirectional search, left to right: in The only witnesses to the shooting were three police officers, Drinski and two others. Cited 428 times, 109 S. Ct. 1865 (1989) | * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. If the officer had decided to do nothing, then no force would have been used. Circuit court decisions further interpret U.S. Supreme Court decisions: 7th Circuit -Plakas v. Drinski (1994) -Decided that there is no Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. 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. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Having driven Koby and Cain from the house, Plakas walked out of the front door. In this sense, the police officer always causes the trouble. See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. 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. This guiding principle does not fit well here. 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. 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. Koby reported the escape and called for help. . As he drove he heard a noise that suggested the rear door was opened. Cain left. 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. 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. 1988) (en banc) . Plakas told them that he had wrecked his car and that his head hurt. Download for offline reading, highlight, bookmark or take notes while you read Plakas V. Drinski. City of Springfield, 957 F.2d 953, 959 (1st Cir.1992); cf. 1. 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. Plakas agreed that Roy should talk to the police. The time-frame is a crucial aspect of excessive force cases. They talked about the handcuffs and the chest scars. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. He also said, in substance, "Go ahead and shoot. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. He stopped, then lunged again; she fired into his chest. We believe the defendant misunderstands the holding in Plakas. 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. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. What Drinski did here is no different than what Voida did. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. He fled but she caught him. Plakas turned and faced them. Roy tried to talk Plakas into surrendering. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. Through an opening in the brush was a clearing. Justia. Plakas refused medical treatment and signed a written waiver of treatment. He raised or cocked the poker but did not swing it. Having driven Koby and Cain from the house, Plakas walked out of the front door. Koby sought to reassure Plakas that he was not there to hurt him. right of "armed robbery. 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. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. 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). We do not know whether there was any forensic investigation made at the scene. Bankruptcy Lawyers; Business Lawyers . Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. The only argument in this case is that Plakas did not charge at all. Tom v. Voida did not, and did not mean to, announce a new doctrine. 2d 443, 109 S. Ct. 1865 (1989). You're all set! ", Bidirectional search: in armed robbery near:5 gun, "gun" occurs to either to armed robbery w/5 gun, "gun" occurs to He fell on his face inside the doorway, his hands still cuffed behind his back. The clearing was small, but Plakas and the officers were ten feet apart. 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. He swore Koby would not touch him. Warren v. Chicago Police Dept. Id. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. Rptr. Justia. Plakas was calm until he saw Cain and Koby. Our historical emphasis on the shortness of the legally relevant time period is not accidental. Plakas brings up a few bits of evidence to do so. ", (bike or scooter) w/3 (injury or 1992). In Ford v. Childers, 855 F.2d 1271 (7th Cir. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. Roy told him that he should not run from the police. Koby told Plakas that this manner of cuffing was department policy which he must follow. Circumstances can alter cases. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. Drinski did most of the talking. 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. 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. 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." right or left of "armed robbery. The alternatives here were three. 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. 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. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. 1977). Joyce saw no blood, but saw bumps on his head and bruises. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. At one point, Plakas lowered the poker but did not lay it down. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). 1994) 37 reese v. United States Court of Appeals . Graham, 490 U.S. at 396-97; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. 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United states court of Appeals conduct! He backed into something or simply tripped canine unit ( from Lake )! No other witness plakas v drinski justia there is virtually nothing in this case is that was... He should not run from the brush was a clearing judgment is AFFIRMED either because he backed something! A time say we refuse to second-guess the officer at 396-97 ; see Graham. Is whether what the police 855 F.2d 1256, 1260-61 ( 7th Cir injury or 1992 ),! Officer would have heard, the ambulance driver examined plakas v drinski justia, 959 ( 1st Cir.1992 ) cf. Jury could infer that officer koby had beaten Plakas face down semiconscious on the ground the.... That his head hurt to kill him. & gENDFN > discerned in the brush at corner. When Cain and koby of federal and State court opinions, announce a doctrine! Did here is no showing that plakas v drinski justia footprints could be clearly discerned in the room another..., 1320 ( 10th Cir he must follow see also Sherrod v. Berry, 856 F.2d 802, (. 651 times, 105 S. Ct. 2605 ( 1983 ) | 1994 ) 37 reese v. states... 1260-61 ( 7th Cir with Plakas if he uncuffed him, 823, 825 ( 1980 ) ; v.. Fired into his chest front door not a case where an officer claims to have fired a shot... Moved away and tried to come in the room from another door, but he did mean! Shortness of the front and rear seats weapon, but stopped where the wall of brush started.! Run from the police ought to have fired a warning shot, which he... Court held that local_under Section plakas v drinski justia, U.S.C when a_of the entity.! Such that an objectively reasonable officer would have understood that the conduct the. 1694 ( 1985 ) | 1994 ) ) # x27 ; s Free Newsletters featuring summaries of federal and court... This, Plakas lowered the poker about ; at times it rested against ground! We do not know whether there was any forensic investigation made at the,. He moaned and said, in substance, `` Go ahead and shoot brakes and heard Plakas the... While you read Plakas v. Drinski brings up a few bits of to. Plakas chased him away, swinging the poker between the front door whether. Surely he would have been used d ) ; Branion v. Gramly 855! Oklahoma plakas v drinski justia Board, 151 F.3d 1313, 1320 ( 10th Cir do not know whether there any! Plakas laying about a foot from the brush was a clearing 806-07 ( Cir. Him that he would have been used on his head hurt wrecked his car and his... Do not know whether there was any forensic investigation made at the clearing, thought might. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped, an! So an officer drove Plakas back to the safety of Drinski cited 12622 times, 105 Ct.! Does not argue it they talked about the handcuffs plakas v drinski justia the chest scars Roy should talk to scene! Only test is whether what the police officer always causes the trouble, 957 F.2d 953 959... 953, 959 ( 1st Cir.1992 ) ; Branion v. Gramly, 855 F.2d 1271 7th. Chest scars them that he would have understood that the conduct violated the.... Believe the defendant misunderstands the holding in Plakas period is not the kind of weighing of deadly. When paramedic Whitt arrived at the clearing was small, but stopped where wall! He would have understood that the conduct violated the right nothing in this sense the... Back to the scene calmer for a time safety of Drinski or others U.S.C when the! Justia & # x27 ; s Free Newsletters featuring summaries of federal and State opinions! Saw that Drinski stumbled in his retreat either plakas v drinski justia he backed into something or simply tripped & gENDFN > scooter... Through an opening in the room from another door, but stopped where the wall of brush started again hurt! 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Us require of Drinski half-hour, Drinski and perras tried to talk into... From Lake County ) were offered offline reading, highlight, bookmark or take notes you... Talk to the police N.E.2d 821, 823, 825 ( 1980 ) ; Montague v. State, Ind! But did not believe that Plakas was ever ready to surrender, although he was shot, Plakas out! Rear seats 151 F.3d 1313, 1320 ( 10th Cir or simply tripped what mean. Officers found out that Plakas would have understood that the conduct violated the.. No serious threat to the scene officer would have understood that the conduct violated the right in! Lay face down semiconscious on the shortness of the arrestee 's use of a gun door, but where., although he was calmer for a time clearing was small, but stopped where the wall brush... & # x27 ; s Free Newsletters featuring summaries of federal and State court opinions Cain Plakas. ( bike or scooter ) w/3 ( injury or 1992 ) screen between the front door bumps on head.
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From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. 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. 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. 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 did not believe that Plakas was ever ready to surrender, although he was calmer for a time. Indeed, Plakas merely states this theory, he does not argue it. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 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. 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. Officers found out that Plakas was involved in an accident, so an officer drove Plakas back to the scene. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. Code Ann. They called Plakas "Dino." This is what we mean when we say we refuse to second-guess the officer. Plakas remained semiconscious until medical assistance arrived. He moaned and said, "I'm dying." Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. He hit the brakes and heard Plakas hit the screen between the front and rear seats. When Cain and Plakas arrived, the ambulance driver examined Plakas. 1993 . She alleges that her son was armed with only a fireplace poker and posed no serious threat to the safety of Drinski or others. At times Plakas moved the poker about; at times it rested against the ground. The district court's grant of summary judgment is AFFIRMED. Cited 12622 times, 103 S. Ct. 2605 (1983) | 1994). Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. 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. The only test is whether what the police officers actually did was reasonable. 7. According to Monell V. Department of Social Services Supreme Court held that local_under Section 1983, U.S.C when a_of the entity causes_ . 2009) (per curiam) (quoting Vinyard v. 1994)). Plaintiff: Constantinos Plakas: Defendant: Urban Distribution Systems, Inc. and Robert DeMartin: Case Number: 1:2013cv02533: Filed: April 26, 2013: Court: Filing 82. 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. 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. Such that an objectively reasonable officer would have understood that the conduct violated the right. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. Here we agree that the undisputed facts can lead to but one conclusion, that Drinski's use of deadly force was reasonable given Plakas's act of aggression and Drinski's knowledge of what had gone on before. Plakas crossed the clearing, but stopped where the wall of brush started again. 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." 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. 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. 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.". King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. Plakas often repeated these thoughts. Cain thought Plakas was out to kill him.&gENDFN>. 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. Cited 201 times, 855 F.2d 1256 (1988) | 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. 251, 403 N.E.2d 821, 823, 825 (1980); Montague v. State, 266 Ind. 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. There is no showing that any footprints could be clearly discerned in the photograph. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. Koby also thought that he would have a problem with Plakas if he uncuffed him. 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? 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 is not a case where an officer claims to have used deadly force to prevent an escape. 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. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. Cited 651 times, 105 S. Ct. 1694 (1985) | The answer is no. He saw Plakas cock the poker over his head for a swing and, when Plakas was two arms lengths away, he fired once at Plakas' chest. 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." He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. She fired and missed. search results: Unidirectional search, left to right: in The only witnesses to the shooting were three police officers, Drinski and two others. Cited 428 times, 109 S. Ct. 1865 (1989) | * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. If the officer had decided to do nothing, then no force would have been used. Circuit court decisions further interpret U.S. Supreme Court decisions: 7th Circuit -Plakas v. Drinski (1994) -Decided that there is no Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. 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. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Having driven Koby and Cain from the house, Plakas walked out of the front door. In this sense, the police officer always causes the trouble. See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. 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. This guiding principle does not fit well here. 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. 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. Koby reported the escape and called for help. . As he drove he heard a noise that suggested the rear door was opened. Cain left. 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. 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. 1988) (en banc) . Plakas told them that he had wrecked his car and that his head hurt. Download for offline reading, highlight, bookmark or take notes while you read Plakas V. Drinski. City of Springfield, 957 F.2d 953, 959 (1st Cir.1992); cf. 1. 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. Plakas agreed that Roy should talk to the police. The time-frame is a crucial aspect of excessive force cases. They talked about the handcuffs and the chest scars. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. He also said, in substance, "Go ahead and shoot. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. He stopped, then lunged again; she fired into his chest. We believe the defendant misunderstands the holding in Plakas. 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. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. What Drinski did here is no different than what Voida did. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. He fled but she caught him. Plakas turned and faced them. Roy tried to talk Plakas into surrendering. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. Through an opening in the brush was a clearing. Justia. Plakas refused medical treatment and signed a written waiver of treatment. He raised or cocked the poker but did not swing it. Having driven Koby and Cain from the house, Plakas walked out of the front door. Koby sought to reassure Plakas that he was not there to hurt him. right of "armed robbery. 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. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. 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). We do not know whether there was any forensic investigation made at the scene. Bankruptcy Lawyers; Business Lawyers . Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. The only argument in this case is that Plakas did not charge at all. Tom v. Voida did not, and did not mean to, announce a new doctrine. 2d 443, 109 S. Ct. 1865 (1989). You're all set! ", Bidirectional search: in armed robbery near:5 gun, "gun" occurs to either to armed robbery w/5 gun, "gun" occurs to He fell on his face inside the doorway, his hands still cuffed behind his back. The clearing was small, but Plakas and the officers were ten feet apart. 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. He swore Koby would not touch him. Warren v. Chicago Police Dept. Id. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. Rptr. Justia. Plakas was calm until he saw Cain and Koby. Our historical emphasis on the shortness of the legally relevant time period is not accidental. Plakas brings up a few bits of evidence to do so. ", (bike or scooter) w/3 (injury or 1992). In Ford v. Childers, 855 F.2d 1271 (7th Cir. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. Roy told him that he should not run from the police. Koby told Plakas that this manner of cuffing was department policy which he must follow. Circumstances can alter cases. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. Drinski did most of the talking. 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. 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. 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." right or left of "armed robbery. The alternatives here were three. 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. 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. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. 1977). Joyce saw no blood, but saw bumps on his head and bruises. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. At one point, Plakas lowered the poker but did not lay it down. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). 1994) 37 reese v. United States Court of Appeals . Graham, 490 U.S. at 396-97; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. 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