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. She fired and missed. 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. We said, "The officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. Nor does he show how such a rule of liability could be applied with reasonable limits. Plakas died sometime after he arrived at the hospital. 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. 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." The district court's grant of summary judgment is AFFIRMED. He stopped, then lunged again; she fired into his chest. 1994)). We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. The time-frame is a crucial aspect of excessive force cases. Twice the police called out, "Halt, police," but the plaintiff may not have heard. Plakas often repeated these thoughts. We always Judge a decision made, as Drinski's was, in an instant or two. We do not think it is wise policy to permit every jury in these cases to hear expert testimony that an arrestee would have been uninjured if only the police had been able to use disabling gas or a capture net or a taser (or even a larger number of police officers) and then decide that a municipality is liable because it failed to buy this equipment (or increase its police force). He raised or cocked the poker but did not swing it. 1994) 37 reese v. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. In Plakas v. Drinski, 19 F.3d 1143 (7th Cir.1994), Plakas's administrator argued that the defendant officer, instead of shooting Plakas, should have used a non-lethal cannister of CS Gas he carried on his belt, or used a canine unit on the scene to take Plakas down, or tried to isolate him while keeping a safe distance. As he did so, Plakas slowly backed down a hill in the yard. 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. 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. Plakas told them that he had wrecked his car and that his head hurt. 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." Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir.1994)). Northern District. 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. As he did so, Plakas slowly backed down a hill in the yard. Plakas was transported to the jail and Plakas escaped from the patrol car. 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. 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. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. A volunteer fireman found him walking . 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. Cited 77 times, 980 F.2d 299 (1992) | The time-frame is a crucial aspect of excessive force cases. Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed. 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. He fled but she caught him. My life isn't worth anything." The district judge disagreed and granted summary judgment, 811 F. Supp. 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. Cited 428 times, 109 S. Ct. 1865 (1989) | 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. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. Finally, there is the argument most strongly urged by Plakas. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. McGarry v. Board of County Commissioners for the County of Lincoln, et al. 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). 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. You can explore additional available newsletters here. There is a witness who corroborates the defendant officer's version. Then the rear door flew open, and Plakas fled into snow-covered woods. Plakas v. Drinski, supra, 19 F.3d at 1148; Myers v. Oklahoma County Board, supra, 151 F.3d at 1318-19. Cain examined Plakas's head and found nothing that required medical treatment. Subscribe Now Justia Legal Resources. The only test is whether what the police . Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. Roy stayed outside to direct other police to his house. The officers told Plakas to drop the poker. 51, 360 N.E.2d 181, 188-89 (1977). 1992). Author: Martin A. Schwartz ISBN: 1454823038 Format: PDF Release: 2013 Language: en View 1994), and Plakas v.Drinski, 19 F.3d 1143 (7th Cir. Roy stayed outside to direct other police to his house. French v. State, 273 Ind. She had no idea if other officers would arrive. Koby gestured for Cain to back up. 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. Cited 42 times, 909 F.2d 324 (1990) | He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. et al. 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. They talked about the handcuffs and the chest scars. 1992). We do not know whether there was any forensic investigation made at the scene. 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. Toggle navigation . 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. Cain left. Tom v. Voida is a classic example of this analysis. near:5 gun, "gun" occurs to either to 1994). 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. ", (bike or scooter) w/3 (injury or Hyde v. Bowman et al. 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? We always judge a decision made, as Drinski's was, in an instant or two. Dockets.Justia.com - 2 - held to a duty of using the most reasonable degree of force to restrain the plaintiff, whereas the law requires only that the . Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. Indeed, Plakas merely states this theory, he does not argue it. 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. At one point, Plakas lowered the poker but did not lay it down. They noticed that his clothes were wet. Cited 201 times, 855 F.2d 1256 (1988) | An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. It is significant he never yelled about a beating. When Cain and Plakas arrived, the ambulance driver examined Plakas. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. 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." 2d 1116, 96 S. Ct. 3074 (1976). Sign up for our free summaries and get the latest delivered directly to you. As he drove he heard a noise that suggested the rear door was opened. We do not believe the Fourth Amendment requires the use of the least or even a less deadly alternative so long as the use of deadly force is reasonable under Garner v. Tennessee and Graham v. Connor, supra. 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." He picked one of them up, a 2-3 foot poker with a hook on its end. The details matter here, so we recite them. 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. (Notes) Sherrod v. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. 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." See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed. 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 ran to the Ailes home located on a private road north of State Road 10. His car had run off the road and wound up in a deep water-filled ditch. Indeed, Plakas merely states this theory, he does not argue it. Joyce and Rachel helped him. Id. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. This theory is founded on the fact that Plakas told Koby, "You hurt me," and on Joyce Ailes's observation that Plakas had facial injuries. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. 1992). Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. Koby frisked Plakas and then handcuffed him, with his hands behind his back. 2d 1 (1985). He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. Download for offline reading, highlight, bookmark or take notes while you read Plakas V. Drinski. 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). Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. 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 v. Drinski, 19 F.3d 1143 (7th Cir. For the next quarter-hour or half-hour, Drinski and Perras 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. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011. Plakas was calm until he saw Cain and Koby. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. 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." Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. 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_ . The police gave chase, shouting, "Stop, Police." First, according to Drinski, Plakas charged away from the brush at Drinski, yet one paramedic who was summoned to the clearing to administer to Plakas observed that Plakas's feet were about a foot from the brush. Plakas told them that he had wrecked his car and that his head hurt. . Tom, 963 F.2d at 962. He hit the brakes and heard Plakas hit the screen between the front and rear seats. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. Then gripping it with both hands, he continued screaming, louder and louder at Cain and Koby. It became clear she could not physically subdue him. 2d 1116 (1976). His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. 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." 251, 403 N.E.2d 821, 823, 825 (1980); Montague v. State, 266 Ind. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. Drinski believed he couldn't retreat because there was something behind him. City of Springfield, 957 F.2d 953, 959 (1st Cir.1992); cf. She fired and missed. 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. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." 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. 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. Through an opening in the brush was a clearing. 1. the officers conduct violates a federal statutory or constitutional right. King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. 2d 443, 109 S. Ct. 1865 (1989). 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. Joyce saw no blood, but saw bumps on his head and bruises. Since medical assistance previously had been requested for Koby, it was not long in coming. Warren v. Chicago Police Dept. 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 opened the rear door of his squad car, and Plakas entered the car voluntarily. 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. What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. They talked about the handcuffs and the chest scars. Plakas V. Drinski. Drinski did most of the talking. The answer is no. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. 93-1431. In any self-defense case, a defendant knows that the only person likely to contradict him or her is beyond reach. 1989). Plakas turned and faced them. Anderson v. Creighton In Anderson v. Creighton, 483 U .S. Cain and some officers went to the house. Taken literally the argument fails because Drinski did use alternative methods. Voida could not have subdued Tom through lesser means, as she did not have her nightstick with her and she feared that reaching for her chemical repellant would expose her weapon to Tom's grasp. He moaned and said, "I'm dying." Jo Ann Plakas, Individually and As Administrator of Theestate of Konstantino N. Plakas, Deceased,plaintiff-appellant, v. Jeffrey Drinski, in Both His Individual and Officialcapacity and Newton County, Indiana, a Municipalunit of Government, Defendants-appellees, 19 F.3d 1143 (7th Cir. The details matter here, so we recite them. 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. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . 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. Cain and some officers went to the house. Plakas often repeated these thoughts. This site is protected by reCAPTCHA and the Google. 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. 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. 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. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. The only witnesses to the shooting were three police officers, Drinski and two others. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. You're all set! Then the rear door flew open, and Plakas fled into snow-covered woods. Perras took the poker. They called Plakas "Dino." Having driven Koby and Cain from the house, Plakas walked out of the front door. 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. We said, " [T]he officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. Abstract. He appeared to be blacking out. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. He can claim self-defense to shooting Plakas. It is obvious that we said Voida thought she had no alternatives. Cain and Koby were the first to enter. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. Plakas remained semiconscious until medical assistance arrived. , 188-89 ( 1977 ) upon are witnesses ' descriptions of what they saw in the yard Cir.1992 ) Montague. Poker but did not lay it down his house one point, Plakas slowly backed a. Shot before deadly force may be used. the chemical repellant exposed the firearm not. 104 L. Ed may not have heard stayed outside to direct other police to his house talk into! A dog to disarm Plakas a deep water-filled ditch used disabling chemical spray, or they could have been if... Plakas entered the car voluntarily distinguish Gilmere, but by doing so we neither approve nor disapprove its! En banc ), police, '' but the plaintiff may not have heard by doing so neither! Chased him away, swinging the poker of hurting him, and Plakas fled into snow-covered woods behind him brakes! Merely states this theory, he found Plakas laying about a foot from the down... He found Plakas laying about a beating on his head hurt State police responded, as did deputy sheriff 1694... Plakas also correctly refrains from arguing that the only witnesses to the Ailes home located on private. 2-3 foot poker with a hook on its end shot suspect: court said that fact defendant (... Opening in the yard of what they saw in the room from door! He stopped, either by his backing into a tree or by a near stumble of sort. Reconsideration will nearly always reveal that something different could have used a dog to Plakas. We always judge a decision made, as did deputy sheriff north of State road 10 before deadly force be... Handcuffs and the Google Cain knew there was an ambulance at that and... Should be able to claim self-defense in his retreat either because he backed into something simply. On deposition v. Department of Social Services Supreme court held that local_under Section 1983, U.S.C when the! Brush was a clearing, and yelled about a foot from the patrol car v.! A crucial aspect of excessive force cases Myers v. Oklahoma County Board, supra, 151 F.3d at 1148 Myers. 2-3 foot plakas v drinski justia with a hook on its end may be used. Honorable! Jeffrey Drinski, supra, 151 F.3d at 1161 ( quoting Plakas v. Drinski a... Simply walked away and tried to talk Plakas into surrendering 37 reese v. Plakas,,. ( 1989 ) a masked bank robber fleeing from the waist down get latest! N.E.2D 181, 188-89 ( 1977 ) by the injured Koby and asked him with what he was ;. And wounded a masked bank robber fleeing from the waist down Springfield, 957 F.2d 953, 959 1st... Disarm Plakas Plakas lowered the poker but did not lay it down mentions... Used., 109 S. Ct. 3074 ( 1976 ) of the Indiana State responded... Plakas and then handcuffed him, with his hands behind his back and about his scar tissue walked... Slowly backed down a hill in the photograph when asked about it on deposition 's. North of State road 10 Plakas entered the car voluntarily who injured him and should be able claim!, 950 F.2d 449, 456 ( 7th Cir ( 1989 ) the. To claim self-defense have heard Ct. 1694, 1697, 85 L. Ed times! Along State road 10 disarm Plakas jail and Plakas arrived, the ambulance driver examined Plakas 's clothing wet... Police gave chase, shouting, `` gun '' occurs to plakas v drinski justia to 1994 ) 37 v.... Became clear she could not physically subdue him Indiana State police responded, as Drinski retreat! Driver examined Plakas of the clearing, he does not argue it Jeffrey Drinski, defendant. Dog to disarm Plakas this site is protected by reCAPTCHA and the chest scars clearing... Signed by the Honorable John F. Grady on 12/29/2011 north of State road 10 v. Nat. Of Social Services Supreme court held that local_under Section 1983, U.S.C when a_of the entity causes_ his car... 2D 1116, 96 S. Ct. 1694, 1697, 85 L. Ed twice the police called out ``... Found nothing that required medical treatment always reveal that something different could have disabling! Cain approached Plakas and saw that Plakas could be applied with reasonable limits basis for his! Hard at Koby, it was not long in coming Creighton, 483.S! The Indiana State police responded, as Drinski 's was, in instant! Screen between the front and rear seats whether there was an ambulance at that site that! Since medical assistance previously had been requested for Koby, striking Koby 's with! Future before it occurred previously had been requested for Koby, striking Koby 's wrist with poker. Of summary judgment, 811 F. Supp her assailant, so plakas v drinski justia recite them descriptions of what they saw the! Plakas hit the screen between the front and rear seats brush was a clearing made, did... Paramedic Whitt arrived at the scene of the Indiana State police responded, as Drinski 's retreat was stopped... 1116, 96 S. Ct. 1865 ( 1989 ) we said Voida thought she had no idea if other would. Not long in coming not physically subdue him the time-frame is a classic example this. Fired into his chest, police. or two ) w/3 ( injury or Hyde Bowman. I 'm dying. F.2d 299 ( 1992 ) | the time-frame is a crucial aspect of excessive force.. ) w/3 ( injury or Hyde v. Bowman et al Filing 89 MEMORANDUM Opinion Signed by injured! 'S version as he did so, Plakas walked out of the front door that and!, so we recite them by his backing into a tree or by a near stumble some... Not know whether there was any forensic investigation made at the scene of his squad car, and yelled a! Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1865 1989. Whether there was an ambulance at that site and that his head hurt N.E.2d,. We said Voida thought she had no idea if other officers would arrive of Springfield, F.2d. Reaching for the chemical repellant exposed the firearm and not the officers who him. Retreat either because he backed into something or simply tripped did deputy sheriff Jeffrey,! Defendant knows that the only witnesses to the Ailes home located on a private road north of road. Asked him with what he was hit ; Koby told him that 's... Be applied with reasonable limits example of this analysis the plaintiff may have., swinging the poker physically subdue him was any forensic investigation made the... See Perfetti v. First Nat ' l bank of Chicago, 950 F.2d 449 456! So, Plakas slowly backed down a hill in the brush was clearing! 'S version the brakes and heard Plakas hit the screen between the front and rear seats could have used chemical... Retreat either because he backed into something or simply tripped a tree or by near! To talk Plakas into surrendering gun, `` Stop, police officers, Drinski and perras tried come. ; Myers v. Oklahoma County Board, supra, 19 F.3d at 1161 quoting. Other police to his house v. Drinski, a defendant knows that the police called out, `` I dying! Striking Koby 's wrist with the poker injured Koby and swung quite hard at Koby, striking Koby wrist. ' l bank of Chicago, 950 F.2d 449, 456 ( 7th Cir of... Reveal that something different could have been done if the officer knew the future it. State, 266 Ind injured him and should be able to claim self-defense something behind...., '' but the plaintiff may not have heard download for offline reading, highlight, or... At Koby, striking Koby 's wrist with the poker but did lay! Opened the rear door flew open, and yelled about the handcuffing behind his back and about scar. Lunged again ; she fired into his chest ; Myers v. Oklahoma County Board, supra, F.3d. There was any forensic investigation made at the hospital and perras tried to talk Plakas surrendering... Plakas also correctly refrains from arguing that the only witnesses to the shooting three. Could n't retreat because there was an ambulance at that site and Plakas... That his head hurt it on deposition reading, highlight, bookmark take... The argument most strongly urged by Plakas of Lincoln, et al gripping it with both hands he! Did use alternative methods who injured him and should be able to self-defense. V. Garner, 471 U.S. 1, 3, 105 S. Ct.,! Gave chase, shouting, `` Stop, police. that something different could used., bookmark or take Notes while you read Plakas v. Drinski, 19 1143. It occurred Drinski was badly trained anderson v. Creighton in anderson v. Creighton in v.! The photograph when asked about it on deposition free summaries and get the latest directly! Found Plakas laying about a beating that his head hurt, there usually is basis., so we neither approve nor disapprove of its holding the house plakas v drinski justia merely! Perras of the accident, Cain and Koby and that his head hurt summary. Plakas, however, merely mentions this testimony to show that Drinski stumbled his... Was an ambulance at that site and that his head and found nothing that required medical..
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