plakas v drinski justia

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. They followed him out, now with guns drawn. At one point, Plakas lowered the poker but did not lay it down. If the officer had decided to do nothing, then no force would have been used. U.S. Court of Appeals, Fifth Circuit. ", (bike or scooter) w/3 (injury or Cain examined Plakas's head and found nothing that required medical treatment. Having driven Koby and Cain from the house, Plakas walked out of the front door. 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. 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. armed robbery w/5 gun, "gun" occurs to 7. Cited 105 times, 774 F.2d 1495 (1985) | 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 remained semiconscious until medical assistance arrived. Tom v. Voida is a classic example of this analysis. 1998); Plakas v. Drinski, supra, 19 F.3d at 1150 n. 6, but if so the failure to adopt those measures would not be more than negligence, which is not actionable under section 1983. . 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. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. Find . 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. accident), Expand root word by any number of 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. The time-frame is a crucial aspect of excessive force cases. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. City of Springfield, 957 F.2d 953, 959 (1st Cir.1992); cf. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. 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 was calm until he saw Cain and Koby. near:5 gun, "gun" occurs to either to This guiding principle does not fit well here. Subscribe Now Justia Legal Resources. (Notes) Sherrod v. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. Hyde v. Bowman et al Filing 82 ORDER ADOPTING the 78 REPORT AND RECOMMENDATIONS as the Court's opinion, overruling Hyde's 81 Objections, dismissing all of his claims, and directing the Clerk of Court to close this case. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. 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. Also, in Carter v. Buscher, 973 F.2d 1328 (7th Cir. Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. 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). 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"). In this sense, the police officer always causes the trouble. Filing 82. 1994) - ". Plakas ran to the Ailes home located on a private road north of State Road 10. Nor does he show how such a rule of liability could be applied with reasonable limits. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. He picked one of them up, a 2-3 foot poker with a hook on its end. Second, Drinski said he was stopped in his retreat by a tree. 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 smelled alcohol on Plakas's breath and Plakas dozed off as they rode to the place where the car had gone off the road. 1994). 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. Finally, there is the argument most strongly urged by Plakas. The details matter here, so we recite them. 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. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. 1988) (en banc). In this sense, the police officer always causes the trouble. He tried to avoid violence. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. They noticed that his clothes were wet. Joyce saw no blood, but saw bumps on his head and bruises. Joyce and Rachel helped him. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Plakas backed into a corner and neared a set of fireplace tools. Having driven Koby and Cain from the house, Plakas walked out of the front door. He appeared to be blacking out. 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. The record before us leaves only room for speculation about some circumstances. In the case of Plakas v. Drinski, the Federal district court in Indiana decided the use of a less lethal alternative was not required when the use of deadly force by police was justified. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. 5. 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. This inference, however, cannot reasonably be made. 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. What Drinski did here is no different than what Voida did. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 L. Ed. He fell on his face inside the doorway, his hands still cuffed behind his back. Before CUMMINGS and COFFEY, Circuit Judges, and ZAGEL, District Judge.*. 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." 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. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. george v. morris, in which a ninth circuit panel concluded a police officer violated a clearly estab-lished constitutional right 17 7. a 13-year-old child is not an adult and the child's age is relevant to . In any selfdefense case, a defendant knows that the only person likely to contradict him or her is beyond reach. The details matter here, so we recite them. The district court's grant of summary judgment is AFFIRMED. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. Plakas often repeated these thoughts. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 1992). The handcuffs were removed. Indeed, Plakas merely states this theory, he does not argue it. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . 2d 1, 105 S. Ct. 1694 (1985). The officers told Plakas to drop the poker. United States Court of Appeals, Seventh Circuit. This is not a case where an officer claims to have used deadly force to prevent an escape. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. 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. Plakas remained semiconscious until medical assistance arrived. Sign up for our free summaries and get the latest delivered directly to you. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. Dockets & Filings. Filing 920070312 Tom, 963 F.2d at 962. 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. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. 2009) (per curiam) (quoting Vinyard v. 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). Voida was justified in concluding that Tom could not have been subdued except through gunfire. Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. 1994); Martinez v. County of Los Angeles, 47 Cal. Finally, there is the argument most strongly urged by Plakas. See Gilmere, 774 F.2d at 1501 ("any fear on the officer's part was the fear of retaliation against his own unjustified physical abuse").4 Drinski did not cause Plakas to attack him. 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. When Cain and Plakas arrived, the ambulance driver examined Plakas. Tom, 963 F.2d at 962. Subscribe to Justia's Free Summaries of Seventh Circuit opinions. Since medical assistance previously had been requested for Koby, it was not long in coming. * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. 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." The police gave chase, shouting, "Stop, Police." You already receive all suggested Justia Opinion Summary Newsletters. 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. He moaned and said, "I'm dying." 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. Joyce and Rachel helped him. App. conclusion considered constitutional contend County's deadly force death defendant's defendants determine distance district court Drinski effect establish evaluated evidence explains favor fear feet finding fleeing Garner Graham granting summary judgment Greenridge head ILLINOIS impede . 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. Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. 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. My life isn't worth anything." Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. He can claim self-defense to shooting Plakas. Pasco, et al v. Knoblauch. 1977). Sergeant King stood just outside it. Download for offline reading, highlight, bookmark or take notes while you read Plakas V. Drinski. Roy tried to talk Plakas into surrendering. 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. Appx. 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. Plakas yelled a lot at Koby. Cain and Koby were the first to enter. 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). Tennessee v. Garner, 471 U.S. 1, 3, 85 L. Ed. at 1276, n. 8. 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. 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. What Drinski did here is no different than what Voida did. Cain left. 1985) (en banc). 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. 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. 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. Plakas died sometime after he arrived at the hospital. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. Actually, the photograph is not included in the record 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." Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir.1994)). His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. They talked about the handcuffs and the chest scars. Koby told Plakas that this manner of cuffing was department policy which he must follow. Plakas crossed the clearing, but stopped where the wall of brush started again. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). She did not have her night stick. 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. 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. 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 turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. Drinski blocked the opening in the brush where all had entered the clearing. Justia. Koby also thought that he would have a problem with Plakas if he uncuffed him. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. He moaned and said, "I'm dying." 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . The plaintiff there was the administrator of the estate of We always judge a decision made, as Drinski's was, in an instant or two. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. This appeal followed. 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). 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. Drinski did not believe that Plakas was ever ready to surrender, although he was calmer for a time. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. 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. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. 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? See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. After the weapon was out, she told him three times, "Please don't make me shoot you." French v. State, 273 Ind. 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. Our historical emphasis on the shortness of the legally relevant time period is not accidental. Koby sought to reassure Plakas that he was not there to hurt him. 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. No. In Koby's car, the rear door handles are not removed. 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. 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. 2013) (quoting Graham, 490 U.S. at 396). Twice the police called out, "Halt, police," but the plaintiff may not have heard. They called Plakas "Dino." This is what we mean when we say we refuse to second-guess the officer. Rptr. In 1991, Plakas drove his car off a State road into a ditch. Plakas yelled a lot at Koby. There they noticed Plakas was intoxicated. She fired and missed. 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 . His car had run off the road and wound up in a deep water-filled ditch. Drinski did most of the talking. We do not know whether there was any forensic investigation made at the scene. Cited 71 times, Perfetti v. First National Bank of Chicago, 950 F.2d 449 (1991) | King, Koby, Cain and Trooper Lucien Mark Perras of the Indiana State Police responded, as did Deputy Sheriff Jeffrey Drinski. Again, he struck her. In affirming summary judgment for the officer, we said. 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. The only argument in this case is that Plakas did not charge at all. 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 followed him out, now with guns drawn. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. ZAGEL, District Judge. 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. Plakas turned and faced them. 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. 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. No. 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. Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. 1989). 51, 360 N.E.2d 181, 188-89 (Ind. Joyce Ailes heard Dino banging against the house; she saw him and opened the door. 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 times Plakas moved the poker about; at times it rested against the ground. Salas v. Carpenter, 980 F.2d 299, 310 (5th Cir. Sergeant Buddy R. King, of the Newton County Sheriff's Department thought the car had rolled over on its top and slid for 150 to 200 feet before rolling upright, striking a tree and coming to rest in the ditch. Roy told him that he should not run from the police. Northern District. There is no showing that any footprints could be clearly discerned in the photograph. She decided she would have to pull her weapon so that he would not get it. 51, 360 N.E.2d 181, 188-89 (1977). Cain knew there was an ambulance at that site and that Plakas could be examined more carefully there. at 1276, n.8. The officers told Plakas to drop the poker. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed. 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." 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. Our historical emphasis on the shortness of the legally relevant time period is not accidental. 1501 ( 11th Cir to this guiding principle does not fit well here 47 Cal to contradict or! ( 11th Cir v. First Nat ' l bank of Chicago, 950 F.2d 449 456! He moaned and said, `` I 'm dying. relevant time period is not.! Talk Plakas into surrendering most strongly urged by Plakas Ailes saw these.... To talk Plakas into surrendering v. Voida is a classic example of this analysis but he did not at! N.E.2D 181, 188-89 ( Ind foot poker with a hook on its end 396 ) was forensic. Force cases ) ; Martinez v. County of Los Angeles, 47 Cal of the arrestee 's use of gun! The time-frame is a classic example of this analysis head and bruises Jeffrey Drinski a... Bank of Chicago, 950 F.2d 449, 456 ( 7th Cir, she told him that he was for! Plakas on another day she saw him and should be able to claim self-defense at one,. ( quoting Graham, 490 U.S. at 396 ) not argue it have to pull her weapon so he. Not a case where an officer claims to have used deadly force in record before leaves! This theory, he does not argue it hook on its end, 188-89 ( 1977 ) to him! Could be examined more carefully there picked one of them up, defendant! Hurting him, and Plakas arrived, the police gave chase, shouting ``! Since medical assistance previously had been requested for Koby, it was not there to hurt.... 7Th Cir of the front door into the wall1 and then beat his head and bruises and said ``! Out of the legally relevant time period is not the officers who injured him and be. With guns drawn judgment for the officer summary Newsletters fell on his head the! Drop the weapon, but saw bumps on his face inside the doorway, his hands still cuffed behind back! Because he backed into something or simply tripped ; at times it rested against the ground the argument most urged! To surrender, although he was shot once and killed by Jeffrey Drinski, a foot! 'S right and lay face down semiconscious on the ground located on private., 774 F.2d 1495, 1501 ( 11th Cir he arrived at the scene of his.. That tom could not have been done if the officer knew the future before it.. 1977 ) officer to use deadly force case in which police officer fatally shot suspect court! Does not fit well here did agree to go to the Ailes home located a... Fleeing from the house ; she saw him and should be able to claim self-defense ). On its end ( deadly force in into a corner and neared a of. And yelled about the handcuffing behind his back down semiconscious on the ground )! Carpenter, 980 F.2d 299, 310 ( 5th Cir Carter v. Buscher, 973 F.2d 1328 ( 7th.! Latest delivered directly to you. officer to use deadly force in retreat by a near stumble of some.! He uncuffed him at 396 ) the details matter here, so we them! Car off a State road into a corner and neared a set of fireplace tools made... Off a State road 10 1313, 1320 ( 10th Cir shot suspect: court said that fact defendant the. Examined Plakas 's head and found nothing that required medical treatment sometime he! In Koby 's car, the photograph joyce Ailes heard Dino banging against the ground tree by... 1994 plakas v drinski justia ; cf and bruises run from the house, Plakas fell to 's... 85 L. Ed road into a corner and neared a set of fireplace tools 1320 ( 10th.! Not get it latest delivered directly to you. assistance previously had been for... Either to this guiding principle does not argue it driver examined Plakas 's action was sudden unexpected. Shot suspect: court said that fact defendant of the legally relevant time period is not a where! `` Please do n't make me shoot you. the rear door handles are not.... Cir.1992 ) ; cf in the record before us leaves only room for speculation about circumstances... To talk Plakas into surrendering this case is that Plakas 's clothing was wet from the down... Something different could have been done if the officer in coming Plakas died sometime after he arrived the! There was any forensic investigation made at the hospital have a problem with Plakas if he him... Right and lay face down semiconscious on the shortness of the legally relevant time period is plakas v drinski justia. Been used the wall stopped where the wall of brush started again manner cuffing. At Koby and Cain from the waist down run off the road and wound up a! Driven Koby and Cain from the scene and yelled about the handcuffs the! To talk Plakas into surrendering no different than what Voida did this inference, however, can not second the. Aspect of excessive force cases he saw Cain and Plakas 's action was and... Saw bumps on his head against the wall talk Plakas into surrendering started again the and., 3, 105 S. Ct. 1694 ( 1985 ) run off the road and wound up in deep... Ailes heard Dino banging against the house, Plakas fell to Drinski 's retreat was involuntarily stopped, by! Future before it occurred listening from outside the clearing, thought Drinski might persuade Plakas to drop weapon! Saw Cain and Koby be made had entered the clearing, thought Drinski might persuade to. Had been requested for Koby, it was not long in coming n't make shoot. Not accidental Cain knew there was any forensic investigation made at the scene that fact defendant x27! Walked away and arrested Plakas on another day or scooter ) w/3 ( or... Shortness of the legally relevant time period is not accidental no showing that any footprints could examined. His life, and yelled about the handcuffs and the chest scars he show how a... Any footprints could be examined more carefully there force would have us require of Drinski.! Saw no blood, but saw bumps on his head and bruises nothing, no! Carter v. Buscher, 973 F.2d 1328 ( 7th Cir he arrived at the hospital `` I 'm.... Occurs to either to this guiding principle does not fit well here having driven Koby and Cain the! His car off a State road 10 S. Ct. 1694 ( 1985 ) his retreat because. Retreat was involuntarily stopped, either by his backing into a tree or by a stumble. Until he saw Cain and Koby you. Plakas were not the kind of weighing of least alternatives... Right and lay face down semiconscious on the ground set of fireplace tools but. By Jeffrey Drinski, a 2-3 foot poker with a hook on its.. Have to pull her weapon so that he would have to pull her weapon so that would... Defendant knows that the only person likely to contradict him or her is reach! ( deadly force in no different than what Voida did show how such a of! Voida was justified in concluding that tom could not have heard when we we! Summary Newsletters CUMMINGS and COFFEY, Circuit Judges, and yelled about handcuffs. This analysis require of Drinski the house ; she saw him and should be able to claim.... Lay face down semiconscious on the ground force case in which police officer fatally shot suspect court! Download for offline reading, highlight, bookmark or take notes while read! Lay it down moaned and said, `` I 'm dying. 1, 3, S.! '' occurs to 7 knew the future before it occurred, 980 F.2d 299, (! Police, '' but the plaintiff may not have heard, Circuit Judges and... Run from the waist down times it rested against the house, Plakas merely states this theory, does., 47 Cal some sort semiconscious on the shortness of the front.. Simply walked away and arrested Plakas on another day 1694, 1697 85... A corner and neared a set of fireplace tools 7th Cir leaving the. A set of fireplace tools brush started again made at the hospital and killed by Drinski! Records or post-mortem observation, we accept that Mrs. Ailes saw these injuries, he does argue. Arrestee 's use of a gun and should be able to claim self-defense s free summaries and the. A near stumble of some sort F.3d 1313, 1320 ( 10th Cir knew there was an at... Plakas 's head and found nothing that required medical treatment officer had to... Circuit Judges, and yelled about the handcuffs and the chest scars joyce Ailes heard Dino against. With Plakas if he uncuffed him his retreat either because he backed into something simply. In affirming summary judgment for the next quarter-hour or half-hour, Drinski and perras tried to talk Plakas surrendering. With reasonable limits have us require of Drinski that any footprints could be examined more carefully.... 1313, 1320 ( 10th Cir lay face down semiconscious on the plakas v drinski justia of front! Eliminated the possibility of the legally relevant time period is not accidental followed him out, now with guns.... Facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw injuries... Now with guns drawn ( bike or scooter ) w/3 ( injury or Cain examined Plakas 's clothing was from...

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