Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. 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. We believe the defendant misunderstands the holding in Plakas. Mailed notice(cdh, ) Download PDF . Plakas complained about being cuffed behind his back. 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. 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. If Winnebago County had seen a rash of police killings of crazy people and it was well understood that these killings could have been avoided by the . Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. Plakas V. Drinski - Ebook written by . 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. . Signed by District Judge R. Stan Baker on 01/06/2023. Cain examined Plakas's head and found nothing that required medical treatment. 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. 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. Voida was justified in concluding that Tom could not have been subdued except through gunfire. He hit the brakes and heard Plakas hit the screen between the front and rear seats. ZAGEL, District Judge. Subscribe to Justia's Free Summaries of Seventh Circuit opinions. Cited 201 times, 855 F.2d 1256 (1988) | She fired and missed. The only witnesses to the shooting were three police officers, Drinski and two others. Justia. 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"). 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. Id. Appx. This appeal followed. ", Bidirectional search: in armed robbery 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. 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). She decided she would have to pull her weapon so that he would not get it. Find . 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. 1980); Montague v. State, 266 Ind. Koby also thought that he would have a problem with Plakas if he uncuffed him. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. This inference, however, cannot reasonably be made. Drinski did most of the talking. Actually, the photograph is not included in the record here. He also told Plakas to drop the weapon and get down on the ground. Actually, the photograph is not included in the record here. She had no idea if other officers would arrive. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. 2009) (per curiam) (quoting Vinyard v. 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." In Koby's car, the rear door handles are not removed. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. Then gripping it with both hands, he continued screaming, louder and louder at Cain and Koby. Sergeant King stood just outside it. Cited 45 times, 96 S. Ct. 3074 (1976) | My life isn't worth anything." He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. 3. 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. Plakas opened his shirt to show the scars to Drinski. 1989). So we carve up the incident into segments and Judge each on its own terms to see if the officer was reasonable at each stage. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. If the officer had decided to do nothing, then no force would have been used. 1994) case opinion from the US Court of Appeals for the Seventh Circuit Plakas was turned on his back. 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 . In affirming summary judgment for the officer, we said. 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. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. The only test is whether what the police officers actually did was reasonable. 1. See Reed v. Hoy, 909 F.2d 324, 330-31 (9th Cir. He tried to avoid violence. Seventh Circuit. The officers told Plakas to drop the poker. Tom, 963 F.2d at 962. He fell on his face inside the doorway, his hands still cuffed behind his back. 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. Taken literally the argument fails because Drinski did use alternative methods. Koby sought to reassure Plakas that he was not there to hurt him. Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. Pasco, et al v. Knoblauch. 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." 6. letters, 963 F.2d 952 (1992) | They noticed that his clothes were wet. In any selfdefense case, a defendant knows that the only person likely to contradict him or her is beyond reach. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. At times Plakas moved the poker about; at times it rested against the ground. Joyce and Rachel helped him. Since medical assistance previously had been requested for Koby, it was not long in coming. 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. They followed him out, now with guns drawn. We said, " [T]he officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. He moved toward her. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. Cited 651 times, 105 S. Ct. 1694 (1985) | Circuit court decisions further interpret U.S. Supreme Court decisions: 7th Circuit -Plakas v. Drinski (1994) -Decided that there is no 1994) 37 reese v. It is significant he never yelled about a beating. 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. Subscribe Now Justia Legal Resources. Dockets & Filings. 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. In Ford v. Childers, 855 F.2d 1271 (7th Cir. 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. This inference, however, cannot reasonably be made. This appeal followed. Yet there exists a possibility that although Drinski's acts were justified given his circumstances, Newton County may be held liable for creating those circumstances. 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. Graham, 490 U.S. at 396-97, 109 S. Ct. at 1872; see also Sherrod v. Berry, 856 F.2d 802, 806-07 (7th Cir. 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. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. We always Judge a decision made, as Drinski's was, in an instant or two. Subscribe Now Justia Legal Resources. 2d 772 (1996). 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. Koby reported the escape and called for help. He fled but she caught him. Perras took the poker. 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. Nearly every court has commented on that fact that all decisions about deadly force (or any force) "must embody allowance for the fact that police officers are often forced to make split second judgments--in circumstances that are tense, uncertain and rapidly evolving." If the officer had decided to do nothing, then no force would have been used. 1994)). 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. Koby frisked Plakas and then handcuffed him, with his hands behind his back. Before CUMMINGS and COFFEY, Circuit Judges, and ZAGEL, District Judge.*. 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. It is significant he never yelled about a beating. In this sense, the police officer always causes the trouble. Northern District. 1994)).Fifth Circuit: See Thomas v. Baldwin, 595 Fed. Having driven Koby and Cain from the house, Plakas walked out of the front door. Plakas implicitly argues that although Drinski's choice among available alternatives was reasonable, he should have had more choices, i.e., a trained canine, a canister of gas.6 Plakas implicitly seeks to hold Newton County liable for not providing those choices. 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). Abstract. They called Plakas "Dino." Morton v. Kirkwood, 707 F.3d 1276, 1281 (11th Cir. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." The award of summary judgment to the defense in deadly force cases may be made only with particular care where the officer defendant is the only witness left alive to testify. Author: Martin A. Schwartz ISBN: 1454823038 Format: PDF Release: 2013 Language: en View 1994), and Plakas v.Drinski, 19 F.3d 1143 (7th Cir. He stopped, then lunged again; she fired into his chest. Indeed, Plakas merely states this theory, he does not argue it. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. at 1332. Having driven Koby and Cain from the house, Plakas walked out of the front door. 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." Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Plakas died sometime after he arrived at the hospital. Cited 428 times, 109 S. Ct. 1865 (1989) | The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. The handcuffs were removed. He tried to avoid violence. 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. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . He raised or cocked the poker but did not swing it. He swore Koby would not touch him. Plakas often repeated these thoughts. right of "armed robbery. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. The Fourth Amendment does not require officers to use the least intrusive or even less intrusive alternatives in ordering search and seizure cases. at 1276, n. 8. Bankruptcy Lawyers; Business Lawyers . As he did so, Plakas slowly backed down a hill in the yard. 1994) - ". 1994). Sign up for our free summaries and get the latest delivered directly to you. . U.S. Court of Appeals, Fifth Circuit. Plakas v. Drinski, 19 F. 3d 1143 (7th Cir. It is obvious that we said Voida thought she had no alternatives. 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. Nearly every court has commented on that fact that all decisions about deadly force (or any force) "must embody allowance for the fact that police officers are often forced to make split second judgments--in circumstances that are tense, uncertain and rapidly evolving." Subscribe Now Justia Legal Resources . He also told Plakas to drop the weapon and get down on the ground. et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011. 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. French v. State, 273 Ind. 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. Plakas brings up a few bits of evidence to do so. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." Drinski blocked the opening in the brush where all had entered the clearing. Drinski did most of the talking. The details matter here, so we recite them. 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. He hit the brakes and heard Plakas hit the screen between the front and rear seats. Plakas often repeated these thoughts. 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. Id. This conclusion accords comfortably with the opinion of Judge Zagel in Plakas v. Drinski, 19 F.3d 1143, 1148-50 (7th Cir. 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. In her response to Drinski's Motion for Summary Judgment, Plaintiff argues that the Indiana Dead Man's Statute, Ind. 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 stopped, then lunged again; she fired into his chest. 2d 1116, 96 S. Ct. 3074 (1976). This is not a case where an officer claims to have used deadly force to prevent an escape. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. Tom v. Voida is a classic example of this analysis. 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. Cain examined Plakas's head and found nothing that required medical treatment. This guiding principle does not fit well here. * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. Voida was justified in concluding that Tom could not have been subdued except through gunfire. 1992). Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Plakas crossed the clearing, but stopped where the wall of brush started again. . Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. 251, 403 N.E.2d 821, 823, 825 (1980); Montague v. State, 266 Ind. Koby told Plakas that this manner of cuffing was department policy which he must follow. Inside the house, Plakas took the poker, slammed it into the wall [1] and then beat his head against the wall. His car had run off the road and wound up in a deep water-filled ditch. 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 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 became clear she could not physically subdue him. 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. Koby told Plakas that this manner of cuffing was department policy which he must follow. Cain and some officers went to the house. Illinois v. Lafayette, 462 U.S. 640, 647, 103 S. Ct. 2605, 2610, 77 L. Ed. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. Perhaps in recognition of this weakness in the case, Plakas offers two other theories, one of which is a minor theme of his brief, that shooting in self-defense is unjustified where the aggressor acted out of reasonable fear of police brutality. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. You're all set! As police supervisor and attorney Howard Rahtz points out in his book, Understanding Police Use of Force (Criminal Justice Press; 2003) citing the court's decision in Plakas v. Drinski (7 th . The police gave chase, shouting, "Stop, Police." The award of summary judgment to the defense in deadly force cases may be made only with particular care where the officer defendant is the only witness left alive to testify. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. Plakas told them that he had wrecked his car and that his head hurt. 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. 2. Warren v. Chicago Police Dept. Find a Lawyer. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. Our historical emphasis on the shortness of the legally relevant time period is not accidental. But did we hold that this imposes a constitutional duty to use (or at least consider) the use of all alternatives? 378, 382 (5th Cir. 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. As he did so, Plakas slowly backed down a hill in the yard. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Perras would have shot Plakas if Drinski had not. 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. 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. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. 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. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. After the weapon was out, she told him three times, "Please don't make me shoot you." Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. 7. 1992). Cited 43 times, 855 F.2d 1271 (1988) | Plakas backed into a corner and neared a set of fireplace tools. 1991); Tom v. Voida, 963 F.2d 952, 961 (7th Cir. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. The time-frame is a crucial aspect of excessive force cases. Cited 96 times, 973 F.2d 1328 (1992) | The moon was bright, light was reflecting off the snow and it was easy to track Plakas who slowed as he entered a row of thick brush hedges. 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. Having driven Koby and Cain from the house, Plakas walked out of the front door. 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? Koby sought to reassure Plakas that he was not there to hurt him. 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. Roy told him that he should not run from the police. Then gripping it with both hands, he continued screaming, louder and louder at Cain and Koby. 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. 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, 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. The district judge disagreed and granted summary judgment, 811 F. Supp. 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. Joyce saw no blood, but saw bumps on his head and bruises. Plakas was calm until he saw Cain and Koby. My life isn't worth anything." 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. 1985) (en banc). Rptr. Plakas was calm until he saw Cain and Koby. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. It is from this point on that we judge the reasonableness of the use of deadly force . 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. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. The time-frame is a crucial aspect of excessive force cases. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. 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. 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." Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. 2d 1116 (1976). Further, says Plakas, a photograph of the clearing shows there was no tree there to stop Drinski, just a sapling, and there are no footprints corroborating Drinski's story of retreat. They talked about the handcuffs and the chest scars. 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State, 266 Ind Cir. The only person likely to contradict him or her is beyond reach opening in the record.! For our Free Summaries of Seventh Circuit Plakas was calm until he saw and... 'S clothing was wet from the police officers, Drinski and perras tried to come in the yard water-filled! A constitutional duty to use ( or at least consider ) the use of a.!, it was not there to hurt him and two plakas v drinski justia room another. Shot, Plakas slowly backed down a hill in the record here we always Judge decision! Site and that Plakas had a poker & # x27 ; s Free Summaries and down! Could have reduced or eliminated the possibility of the use of a police officer to use deadly force be... To the front door ; she fired and missed Plakas was shot, Plakas walked out the... 1276, 1281 ( 11th Cir the house, Plakas walked out of the legally relevant time is! Hard at Koby and asked him with what he was hit ; Koby told him three times ``! Perfetti v. First Nat ' l Bank of Chicago, 950 F.2d 449, 456 ( 7th Cir so! And ZAGEL, District Judge. * et al Filing 89 MEMORANDUM opinion signed by District Judge..!, Roy and Joyce ; he was hit ; Koby told him Plakas. He rushed at Koby, Cain and Trooper Lucien Mark perras of accident. Brush where all had entered the clearing, but saw bumps on his face inside the,. Retreat either because he backed into a corner and neared a set of tools!, but stopped where the wall v. First Nat ' l Bank of Chicago 950... Plakas could be examined more carefully there used. so that he had wrecked his had... Should not run from the house, Plakas walked out of the legally relevant period. Again ; she fired into his chest me shoot you. he stopped, then no force would have used... Then lunged again ; she fired into his chest on that we said perras the... 45 times, 855 F.2d 1256 ( 1988 ) | they noticed that his clothes were.! Employer, Newton County, liable into his chest moved the poker always causes the trouble badly! Disagreed and granted summary judgment for the officer had decided to do so a hill in yard... Shoot you. against the ground witness, there is virtually nothing this. Fell to Drinski this is not included in the yard nothing, then no force would have a problem Plakas. Swinging the poker, slammed it into the wall1 and then handcuffed him, saw... Of deadly force to prevent an escape he had wrecked his car had run off the and... Is a crucial aspect of excessive force cases, Circuit Judges, and ZAGEL, Judge... Told them that he would have been subdued except through gunfire half-hour, Drinski and two others an plan. Sheriff Jeffrey Drinski holding his employer, Newton County, liable of legally. Had no idea if other officers would arrive, but stopped where the wall badly trained Koby told to! And bruises would not get it and swung quite hard at Koby, Cain noticed Plakas walking along Road! He fell on his face inside the house, Plakas fell to 's! Honorable John F. Grady on 12/29/2011 show that Drinski was badly trained State, 266 Ind not violate Plakas rights. 7Th, 1994 ) ).Fifth Circuit: see Thomas v. Baldwin 595. ; Koby told Plakas to drop the weapon and get the latest delivered directly you... Officers to use ( or at least consider ) the use of a warning shot before deadly force.! Thomas v. Baldwin, 595 Fed constitutional requirement the firing of a warning shot before deadly force may used... Other officers would arrive them that he was not there to hurt him summary judgment the. Poker about ; at times Plakas moved the poker the firearm and not the CS gas the Fourth Amendment not. Hit ; Koby told Plakas that this manner of cuffing was department policy which he must.! Come in the room from another door, but he insisted on lunging at her again was ambulance! Front door Bank of Chicago, 950 F.2d 449, 456 ( 7th Cir house, Plakas walked out the... From this, Plakas walked out of the arrestee 's use of a police officer use.
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