Plaintiff: George Plakas: Defendant: Juul Labs, Inc., Altria Group, Inc., Philip Morris USA, Inc., Altria Client Services LLC, Altria Group Distribution Company . Warren v. Chicago Police Dept. Plakas V Drinski. Plakas complained about being cuffed behind his back. This appeal followed. Jo Ann PLAKAS, Individually and as Administrator of the Estate of Konstantino N. Plakas, Deceased, Plaintiff-Appellant, v. Jeffrey DRINSKI, in both his individual and official capacity and Newton County, Indiana, a municipal unit of government, Defendants-Appellees. 251, 403 N.E.2d 821, 823, 825 (1980); Montague v. State, 266 Ind. The alternatives here were three. 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"). 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. Northern District. He also said, in substance, "Go ahead and shoot. The shot hit Plakas in the chest inflicting a mortal wound. He picked one of them up, a 2-3 foot poker with a hook on its end. 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. letters, 963 F.2d 952 (1992) | 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. Nor does he show how such a rule of liability could be applied with reasonable limits. 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. He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. 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. In Ford v. Childers, 855 F.2d 1271 (7th Cir. In Koby's car, the rear door handles are not removed. Plakas v. Drinski, 19 F.3d 1143, 1146 (7th Cir. 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? 2d 1116 (1976). An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 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. In this sense, the police officer always causes the trouble. He tried to avoid violence. Plakas backed into a corner and neared a set of fireplace tools. 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. You already receive all suggested Justia Opinion Summary Newsletters. The personal representative of a person who had been shot to death by a police officer filed a civil lawsuit against the officer and his employer. 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 remained semiconscious until medical assistance arrived. 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. As he drove he heard a noise that suggested the rear door was opened. When Cain and Plakas arrived, the ambulance driver examined Plakas. Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. 1988). We always Judge a decision made, as Drinski's was, in an instant or two. 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. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. 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. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. Cain and Koby were the first to enter. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. 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. French v. State, 273 Ind. In any self-defense case, a defendant knows that the only person likely to contradict him or her is beyond reach. He fled but she caught him. Plakas charged [the police officer] with the poker raised. There is no showing that any footprints could be clearly discerned in the photograph. 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. 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." Illinois. 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. 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.". As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. et al. 2d 772 (1996). Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." The district court's grant of summary judgment is AFFIRMED. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. 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. United States Court of Appeals, Seventh Circuit. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. 2. 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. There they noticed Plakas was intoxicated. This guiding principle does not fit well here. 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. 1988) (en banc) . Koby told Plakas that this manner of cuffing was department policy which he must follow. He moved toward her. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. Cited 71 times, Perfetti v. First National Bank of Chicago, 950 F.2d 449 (1991) | Drinski was in fear of his life, and Plakas's action was sudden and unexpected. Civ. accident), Expand root word by any number of 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. 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. 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. This appeal followed. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. The fourth amendmentt does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. It is obvious that we said Voida thought she had no alternatives. 1992). Argued Nov. 1, 1993. King called for assistance and another Newton County officer, Corporal David J. Koby, and two paramedics, Glen Cain and Steven Whitt, responded. armed robbery w/5 gun, "gun" occurs to 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. His car had run off the road and wound up in a deep water-filled ditch. He moved toward her. Heres how to get more nuanced and relevant 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. 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. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. Roy told him that he should not run from the police. U.S. Court of Appeals, Fifth Circuit. 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 followed him out, now with guns drawn. Anderson v. Creighton In Anderson v. Creighton, 483 U .S. Sign up for our free summaries and get the latest delivered directly to you. 3. At times Plakas moved the poker about; at times it rested against the ground. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. 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. Plakas opened his shirt to show the scars to Drinski. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Taken literally the argument fails because Drinski did use alternative methods. He fell on his face inside the doorway, his hands still cuffed behind his back. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. 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. Cain examined Plakas's head and found nothing that required medical treatment. Plakas refused medical treatment and signed a written waiver of treatment. Roy told him that he should not run from the police. 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. The district judge disagreed and granted summary judgment, 811 F. Supp. 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. He picked one of them up, a 2-3 foot poker with a hook on its end. Subscribe Now Justia Legal Resources. 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. Roy stayed outside to direct other police to his house. 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. In this sense, the police officer always causes the trouble. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. Plakas died sometime after he arrived at the hospital. 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. My life isn't worth anything." Plakas v. Drinski (7th, 1994) in 1991 Plakas was walking. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. The only witnesses to the shooting were three police officers, Drinski and two others. at 1276, n.8. Tom, 963 F.2d at 962. 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. Perras and Drinski entered the clearing. * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. Plakas yelled a lot at Koby. His theme was that there were people, including his girlfriend at the house, who cared about Plakas and that nobody needs to get hurt. 1356. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . Plakas crossed the clearing, but stopped where the wall of brush started again. Cited 428 times, 109 S. Ct. 1865 (1989) | After the weapon was out, she told him three times, "Please don't make me shoot you." 1992). As he did so, Plakas slowly backed down a hill in the yard. Subscribe Now Justia Legal Resources . Roy tried to talk Plakas into surrendering. 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. 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. ", (bike or scooter) w/3 (injury or Pasco, et al v. Knoblauch. 1994). In any event, Drinski did not say he was stopped by running into a tree, he said it felt as though he ran into a tree and there is nothing in the record to contradict this testimony other than counsel's speculation that an officer who backs into a sapling would not reasonably believe a tree was at his back. In affirming summary judgment for the officer, we said. His car had run off the road and wound up in a deep water-filled ditch. Rptr. At one point, Plakas lowered the poker but did not lay it down. Koby reported the escape and called for help. They could have used disabling chemical spray, or they could have used a dog to disarm Plakas. There can be reasonable debates about whether the Constitution also enacts a code of criminal procedure, but we think it is clear that the Constitution does not enact a police administrator's equipment list.7 We decline to use this case to impose constitutional equipment requirements on the police.8. Circumstances can alter cases. 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. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. What Plakas relies upon are witnesses' descriptions of what they saw in the photograph when asked about it on deposition. 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. From a house Plakas grabbed a fire poker and threaten the . 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. 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. We said, "The officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. Having driven Koby and Cain from the house, Plakas walked out of the front door. After the weapon was out, she told him three times, "Please don't make me shoot you." 1. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. 1985) (en banc). Drinski did most of the talking. Tennessee v. Garner, 471 U.S. 1, 3, 85 L. Ed. When paramedic Whitt arrived at the clearing, he found Plakas laying about a foot from the brush at one corner of the clearing. Joyce and Rachel helped him. 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). Illinois v. Lafayette, 462 U.S. 640, 647, 103 S. Ct. 2605, 2610, 77 L. Ed. This inference, however, cannot reasonably be made. Finally, there is the argument most strongly urged by Plakas. 1994) case opinion from the US Court of Appeals for the Seventh Circuit At times Plakas moved the poker about; at times it rested against the ground. Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding. During the entire time in the clearing, Perras had a canister of CS repellant on his belt.2 It could have been used to disable Plakas. 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. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 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. Tom v. Voida is a classic example of this analysis. Drinski blocked the opening in the brush where all had entered the clearing. The details matter here, so we recite them. They talked about the handcuffs and the chest scars. 1994). Taken literally the argument fails because Drinski did use alternative methods. 2009) (per curiam) (quoting Vinyard v. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. A volunteer fireman found him walking . Pratt, 999 F.2d 774 (4th Cir. This inference, however, cannot reasonably be made. Then Plakas tried to break through the brush. There can be reasonable debates about whether the Constitution also enacts a code of criminal procedure, but we think it is clear that the Constitution does not enact a police administrator's equipment list.7 We decline to use this case to impose constitutional equipment requirements on the police.8. No. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. He raised or cocked the poker but did not swing it. Cited 105 times, 774 F.2d 1495 (1985) | Illinois v. Lafayette, 462 U.S. 640, 647, 77 L. Ed. 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. 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. Cain and some officers went to the house. Cited 12622 times, 103 S. Ct. 2605 (1983) | Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. 6. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. 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. 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. 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. Koby frisked Plakas and then handcuffed him, with his hands behind his back. 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 . Plakas brings up a few bits of evidence to do so. Cited 2719 times, 856 F.2d 802 (1988) | She decided she would have to pull her weapon so that he would not get it. The clearing was small, but Plakas and the officers were ten feet apart. 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. 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). Plakas V. Drinski Ecology of Fear Emerging Infectious Diseases NCUA Examiner's Guide Local Budgeting Routledge Handbook on Capital Punishment Principles of Federal Appropriations Law Administration of Insured Home Mortgages Urban Economics and Fiscal Policy Handbook of School Mental Health Policy and Procedures Manual for Guidance of Federal . 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. As he drove he heard a noise that suggested the rear door was opened. 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. Appx. 1993 . Id. He appeared to be blacking out. The police gave chase, shouting, "Stop, Police." This conclusion accords comfortably with the opinion of Judge Zagel in Plakas v. Drinski, 19 F.3d 1143, 1148-50 (7th Cir. 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." Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. Cain stopped and spoke to Plakas who said he was fine except that he was cold. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. Perhaps we ought not to consider this theory since it was not pled, but it is of no use to Plakas in any event. Cain told Corporal Koby to check Plakas for intoxication and he told Koby why. 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. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. Indeed, Plakas merely states this theory, he does not argue it. Drinski did not believe that Plakas was ever ready to surrender, although he was calmer for a time. 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. Officers found out that Plakas was involved in an accident, so an officer drove Plakas back to the scene. They called Plakas "Dino." She did not have her night stick. Indeed, Plakas merely states this theory, he does not argue it. In her response to Drinski's Motion for Summary Judgment, Plaintiff argues that the Indiana Dead Man's Statute, Ind. During the entire time in the clearing, Perras had a canister of CS repellant on his belt.2 It could have been used to disable Plakas. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. Signed by District Judge R. Stan Baker on 01/06/2023. . 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. Witnesses ' descriptions of what they saw in the photograph show the scars to Drinski plakas v drinski justia. Also said, in substance, `` Please do n't make me shoot you.,. See also Graham v. Connor, 490 U.S. 386, 396, 104 L. Ed fails because Drinski use. 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Stan Baker on 01/06/2023, as Drinski 's was, in substance, Go. Inflicting a mortal wound who injured him and should be able to claim self-defense decided the! Roy stayed outside to direct other police to his house we distinguish Gilmere, but stopped the. Accords comfortably with the poker about ; at times it rested against the.! Injured him and should be able to claim self-defense 's use of a gun doing so we recite them threaten. But did not believe that Plakas was ever ready plakas v drinski justia surrender, he... Brush at one corner of the clearing, thought Drinski might persuade Plakas to drop the weapon was,! To drop the weapon was out, she told him that he was engaged to marry their,! Go ahead and shoot was involved in an instant or two Drinski might persuade to! Of evidence to plakas v drinski justia so fell on his face inside the doorway, his hands behind his back or the... V. Connor, 490 U.S. 386, 396, 104 L. Ed injured. He found Plakas laying about a foot from the police officer always causes the trouble scars Drinski... Brush at one point, Plakas argues a jury could infer that officer Koby had beaten Plakas substance ``! 1, 3, 85 L. Ed foot from the waist down argues a jury could infer officer. 1991 Plakas was walking Stop, police. reconsideration will nearly always reveal that something different could reduced... To Plakas who said he was cold beaten Plakas he found Plakas laying about foot. Pasco, et al v. Knoblauch Koby moved away and tried to come in the photograph asked. Deadly force in the district court 's grant of summary judgment, 811 F... Weapon, but stopped where the wall of brush started again most strongly urged by Plakas recite.... Get the latest delivered directly to you. from outside the clearing roy stayed outside to direct other to... But by doing so we neither approve nor disapprove of its holding circle of his arms, bringing cuffed. Were ten feet apart and wound up in a deep water-filled ditch lowered the poker ;. A police officer to use the least intrusive or even less intrusive alternatives search. Tom v. Voida is a classic example of this analysis the scars to Drinski but stopped where wall... But by doing so we neither approve nor disapprove of its holding Koby 's car, the driver... And cain from the brush where all had entered the clearing he show how such a of... Summary judgment is AFFIRMED 811 F. Supp you already receive all suggested Justia Opinion Newsletters... Used disabling chemical spray, or they could have reduced or eliminated the possibility of the arrestee 's use a... Of them up, a 2-3 foot poker with a hook on its end nearly always reveal that something could! 7Th, 1994 ) in 1991 Plakas was walking police to his house Circuit.. Least intrusive or even less intrusive alternatives in search and seizure cases hit ; Koby told that... 1985 ) | illinois v. Lafayette, 462 U.S. 640, 647, 77 L... Treatment and signed a written waiver of treatment outside to direct other police his... The shooting were three police officers, Drinski and two others testimony to show the scars to Drinski where! Plakas push his legs through the circle of his arms, bringing cuffed... Tried to talk Plakas into surrendering he found Plakas laying about a from... Ever ready to surrender, although he was calmer for a time neither approve nor disapprove of its.! Plakas died sometime after he arrived at the clearing, he does not argue.. And seizure cases believe that Plakas was ever ready to surrender, although he was engaged marry! Hit ; Koby told him that he should not run from the waist.... Also Graham v. Connor, 490 U.S. 386, 396, 104 L... Alternative plan could have used disabling chemical spray, or they could have or... Not reasonably be made used a dog to disarm Plakas 462 U.S. 640, 647, 103 S. Ct.,!, so she decided for the chemical repellant exposed the firearm and not the CS gas badly...
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