After a brief interval, Koby got in the car and drove away. In this sense, the police officer always causes the trouble. Plakas's administrator claimed that the self-defense story was full of holes and that, even if it were not, Drinski and the county which employed him had a constitutional obligation to do more to preserve his life than they did. He raised or cocked the poker but did not swing it. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. plakas v. drinski, 19 f.3d 1143 (7th cir. Warren v. Chicago Police Dept. 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. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. 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. It is from this point on that we judge the reasonableness of the use of deadly force . 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. Having driven Koby and Cain from the house, Plakas walked out of the front door. Justia. He fled but she caught him. 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. We know the caliber of the bullet, but not its type or weight or the power of the charge in the cartridge, nor do we know where it struck Plakas and what effect it might have on the position of the body. Cited 71 times, Perfetti v. First National Bank of Chicago, 950 F.2d 449 (1991) | Then, when he thought his retreat would not be successful, he was justified in concluding that Plakas could not be subdued at that moment except through gunfire. Plakas ran to the Ailes home located on a private road north of State Road 10. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. Koby reported the escape and called for help. 1. After the weapon was out, she told him three times, "Please don't make me shoot you." But it is trouble which the police officer is sworn to cause, which society pays him to cause, and which, if kept within constitutional limits, society praises the officer for causing. Plakas told them that he had wrecked his car and that his head hurt. Koby sought to reassure Plakas that he was not there to hurt him. Illinois. 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. If the officer had decided to do nothing, then no force would have been used. ZAGEL, District Judge. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. 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. Roy stayed outside to direct other police to his house. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. She did not have her night stick. 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. 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. 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. 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. Illinois v. Lafayette, 462 U.S. 640, 647, 103 S. Ct. 2605, 2610, 77 L. Ed. We do not know whether there was any forensic investigation made at the scene. First, according to Drinski, Plakas charged away from the brush at Drinski, yet one paramedic who was summoned to the clearing to administer to Plakas observed that Plakas's feet were about a foot from the brush. Cain left. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. 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. 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. There is no precedent in this Circuit (or any other) which says that the Constitution requires law enforcement officers to use all feasible alternatives to avoid a situation where deadly force can justifiably be used.5 There are, however, cases which support the assertion that, where deadly force is otherwise justified under the Constitution, there is no constitutional duty to use non-deadly alternatives first. From a house Plakas grabbed a fire poker and threaten the . . 5. 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. Since medical assistance previously had been requested for Koby, it was not long in coming. This is what we mean when we say we refuse to second-guess the officer. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Again, he struck her. He appeared to be blacking out. 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. He hit the brakes and heard Plakas hit the screen between the front and rear seats. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. 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. See also Graham v. Connor, 490 U.S. 386, 396, 109 S. Ct. 1865, 1872, 104 L. Ed. 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. near:5 gun, "gun" occurs to either to Before CUMMINGS and COFFEY, Circuit Judges, and ZAGEL, District Judge.*. 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. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. We always Judge a decision made, as Drinski's was, in an instant or two. What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. 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." Through an opening in the brush was a clearing. Toggle navigation . This guiding principle does not fit well here. This appeal followed. Plakas complained about being cuffed behind his back. 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. 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. Shooting a man who has told you, in effect, that he is going to use deadly force against you and then moves toward you as if to do so is unquestionably an act of self-defense even if, as Plakas's expert maintains, the man is attempting "suicide by police.". 1992). He tried to avoid violence. 1985) (en banc) . 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. 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. Plakas agreed that Roy should talk to the police. They followed him out, now with guns drawn. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. (Notes) Sherrod v. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. right or left of "armed robbery. She had no idea if other officers would arrive. et al. It is obvious that we said Voida thought she had no alternatives. 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. The only witnesses to the shooting were three police officers, Drinski and two others. Drinski did most of the talking. No. Cited 651 times, 105 S. Ct. 1694 (1985) | Joyce Ailes heard Dino banging against the house; she saw him and opened the door. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. Warren v. Chicago Police Dept. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. We said, " [T]he officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. 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. 1994). 93-1431. 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. She had no idea if other officers would arrive. 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." 1356. He fell on his face inside the doorway, his hands still cuffed behind his back. She did not have her night stick. 1983 against Drinski and Newton County to recover damages in connection with her son's death. 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. Tom, 963 F.2d at 962. Plakas charged [the police officer] with the poker raised. 1994)).Fifth Circuit: See Thomas v. Baldwin, 595 Fed. Cited 201 times, 855 F.2d 1256 (1988) | No. 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." Cain stopped and spoke to Plakas who said he was fine except that he was cold. There is no showing that any footprints could be clearly discerned in the photograph. It is from that point on that we Judge the reasonableness of the use of deadly force in light of all that the officer knew. United States Court of Appeals . There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. 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