Perras and Drinski entered the clearing. 1. She did not have her night stick. 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. Cited 77 times, 980 F.2d 299 (1992) | It is from that point on that we judge the reasonableness of the use of deadly force in light of all that the officer knew. He fled but she caught him. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. 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. Plakas agreed that Roy should talk to the police. Subscribe Now Justia Legal Resources. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. 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"). Taken literally the argument fails because Drinski did use alternative methods. 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. Indeed, Plakas merely states this theory, he does not argue it. Koby gestured for Cain to back up. Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed. Id. 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. 1994) 37 reese v. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. He also told Plakas to drop the weapon and get down on the ground. He moved toward her. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. et al. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. defendant cites Plakas v. Drinski, 19 F.3d 1143, 1148 (7th Cir. This appeal followed. Cain told Corporal Koby to check Plakas for intoxication and he told Koby why. Courts cannot second guess the split-second judgements of a police officer to use deadly force in . Joyce Ailes heard Dino banging against the house; she saw him and opened the door. He can claim self-defense to shooting Plakas. Plakas argues there is enough evidence to cast doubt on the defendants' self-defense claim, given the low threshold that courts have set for refuting self-defense in deadly force cases both civil and criminal. Argued Nov. 1, 1993. Plakas' mother, the Administratrix of his estate, has filed suit under 42 U.S.C. 1994), and Russo v. City of Cincinnati, 953 F.2d 1036 Cain thought Plakas was out to kill him.&gENDFN>. 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. Plakas brings up a few bits of evidence to do so. 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. 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. Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. 1356. The police gave chase, shouting, "Stop, Police." Pratt, 999 F.2d 774 (4th Cir. 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 . Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. 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. 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. There is no showing that any footprints could be clearly discerned in the photograph. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. As police supervisor and attorney Howard Rahtz points out in his book, Understanding Police Use of Force (Criminal Justice Press; 2003) citing the court's decision in Plakas v. Drinski (7 th . 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. Cain examined Plakas's head and found nothing that required medical treatment. Plakas often repeated these thoughts. 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"). Roy told him that he should not run from the police. Code Ann. 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_ . accident), Expand root word by any number of ", (bike or scooter) w/3 (injury or Drinski believed he couldn't retreat because there was something behind him. 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. 378, 382 (5th Cir. Anderson v. Creighton In Anderson v. Creighton, 483 U .S. 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. We said, " [T]he officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. Justia. This appeal followed. 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. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. 3. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Plakas complained about being cuffed behind his back. 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 . It is obvious that we said Voida thought she had no alternatives. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Nor does he show how such a rule of liability could be applied with reasonable limits. After the weapon was out, she told him three times, "Please don't make me shoot you." Get free summaries of new Seventh Circuit US Court of Appeals opinions delivered to your inbox! Joyce saw no blood, but saw bumps on his head and bruises. 1992), a case of tragic dimension where an officer stopped to help a fallen man and eventually, as two courts held, had to kill that man in defense of her own life. 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. Even if Koby did beat Plakas, Koby was not at the scene of Plakas's demise. You already receive all suggested Justia Opinion Summary Newsletters. 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. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. Plakas means to argue that Drinski should have used all available alternatives before deadly force was exercised and that Newton County, Drinski's employer, is liable because it failed to equip and train Drinski to use such methods. Abstract. 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. 2. 2d 1 (1985). Cain approached Plakas and saw that Plakas's clothing was wet from the waist down. 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. Koby frisked Plakas and then handcuffed him, with his hands behind his back. Plakas v. Drinski, 19 F.3d 1143, 1146 (7th Cir. 1992). It is significant he never yelled about a beating. This is what we mean when we say we refuse to second-guess the officer. Second, Drinski said he was stopped in his retreat by a tree. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. Plakas told them that he had wrecked his car and that his head hurt. 4th 334, 54 Cal. 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. Jo Ann PLAKAS, individually and as Administrator of the Estate of Konstantino N. Plakas, deceased, Plaintiffs, v. Jeffrey DRINSKI, in both his individual and official capacity and Newton County, Indiana, a municipal unit of government, Defendants. There is no contention that this "invitation" immediately preceded the shooting or caused Plakas to charge Drinski. 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. Perras said that he did not use the CS repellant because he was too far from Plakas and because it might have landed on his fellow officers. The police could have tried to put barriers between themselves and Plakas and maintain distance from him. You can explore additional available newsletters here. There is a witness who corroborates the defendant officer's version. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct." 7) Drewitt v. . Plakas brings up a few bits of evidence to do so. Voida was justified in concluding that Tom could not have been subdued except through gunfire. See Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. The plaintiff there was the administrator of the estate of And, in fact, the Fifth Circuit has held that the Constitution "does not mandate that law enforcement agencies maintain equipment useful in all foreseeable situations." . Id. 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. There they noticed Plakas was intoxicated. 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). 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. Moreover, when Plakas did say anything at all about Koby, it was a complaint about cuffing him behind his back, which he said (without medical corroboration even now) caused pain because of his scar tissue. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. What Drinski did here is no different than what Voida did. Civ. Circuit Rule 28(d); Branion v. Gramly, 855 F.2d 1256, 1260-61 (7th Cir. 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. Koby sought to reassure Plakas that he was not there to hurt him. We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. 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. Plakas remained semiconscious until medical assistance arrived. Moreover, about ten minutes before the shooting, the services of a canine unit (from Lake County) were offered. Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. The alternatives here were three. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. His car had run off the road and wound up in a deep water-filled ditch. Plakas yelled a lot at Koby. Through an opening in the brush was a clearing. 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. Cited 105 times, 774 F.2d 1495 (1985) | Sergeant King stood just outside it. 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. Plakas turned and faced them. The only argument in this case is that Plakas did not charge at all. 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 selfdefense even if, as Plakas's expert maintains, the man is attempting "suicide by police.". He tried for quite a while to get Plakas to lay down the poker and surrender and even attempted to retreat as Plakas charged him. At one point, Plakas lowered the poker but did not lay it 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. See Martin L. Fackler, M.D., Police Handgun Ammunition Selection, WOUND BALLISTICS REVIEW, Fall 1992, at 32-37 (suggesting little effect beyond stopping movement). Mailed notice(cdh, ) Download PDF . In 1991, Plakas drove his car off a State road into a ditch. 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. Even if there were no other witness, there is virtually nothing in this record to impeach Drinski. Konstantino Plakas was shot once and killed by Jeffrey Drinski, a deputy sheriff. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. 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 . (Notes) Sherrod v. 3. 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. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. Plakas complained about being cuffed behind his back. 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. 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. 1983 against Drinski and Newton County to recover damages in connection with her son's death. 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. Roy tried to talk Plakas into surrendering. Koby reported the escape and called for help. 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. We do not know whether there was any forensic investigation made at the scene. Plakas died sometime after he arrived at the hospital. 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. 1992). 1989). 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. Taken literally the argument fails because Drinski did use alternative methods. 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)). Then gripping it with both hands, he continued screaming, louder and louder at Cain and Koby. Then Plakas tried to break through the brush. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Yet we rejected the proposition "that the Fourth Amendment prohibits creating unreasonably dangerous circumstances in which to effect a legal arrest of a suspect." Id. Illinois. 2d 65, 103 S. Ct. 2605 (1983); United States v. Martinez-Fuerte, 428 U.S. 543, 556-57 n.12, 49 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. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. The only test is whether what the police . 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). Plakas was turned on his back. Bankruptcy Lawyers; Business Lawyers . ZAGEL, District Judge. My life isn't worth anything." We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." She fired and missed. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011. This conclusion accords comfortably with the opinion of Judge Zagel in Plakas v. Drinski, 19 F.3d 1143, 1148-50 (7th Cir. search results: Unidirectional search, left to right: in United States District Court, N.D. Indiana, Hammond Division. Cain left. On the way to the scene of the accident, Cain noticed Plakas walking along State Road 10. The district court's grant of summary judgment is AFFIRMED. After a brief interval, Koby got in the car and drove away. 1988). 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. Dockets & Filings. Cain left. They noticed that his clothes were wet. She alleges that her son was armed with only a fireplace poker and posed no serious threat to the safety of Drinski or others. 1993 . Koby told Plakas that this manner of cuffing was department policy which he must follow. 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." 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. 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 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. Voida was justified in concluding that Tom could not have been subdued except through gunfire. A volunteer fireman found him walking . H91-365. at 1276, n. 8. At times Plakas moved the poker about; at times it rested against the ground. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. 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. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. 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 appeared to be blacking out. He fled but she caught him. Elizabeth A. Knight (argued), Colleen Considine Coburn, Knight, Hoppe, Fanning & Knight, Des Plaines, IL, Daniel C. Blaney, Blaney, Casey & Walton, Morocco, IN, Janella L. Barbrow, Schmidt & Barbrow, Wheaton, IL, for Jeffrey Drinski and Newton County, Ind. Perras and Drinski entered the clearing. Illinois v. Lafayette, 462 U.S. 640, 647, 77 L. Ed. . If the officer had decided to do nothing, then no force would have been used. You're all set! at 1332. In her response to Drinski's Motion for Summary Judgment, Plaintiff argues that the Indiana Dead Man's Statute, Ind. 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. Tom, 963 F.2d at 962. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. When the police first saw Plakas, at about 9:30 p.m. on February 2, 1991, he was walking along State Road 10 in Newton County, Indiana, not far from the Illinois state line. In Ford v. Childers, 855 F.2d 1271 (7th Cir. Sign up for our free summaries and get the latest delivered directly to you. In Koby's car, the rear door handles are not removed. 2d 1116 (1976). 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. This is not the kind of weighing of least deadly alternatives that Plakas would have us require of Drinski. In this sense, the police officer always causes the trouble. Perras only saw that Drinski stumbled in his retreat either because he backed into something or simply tripped. Appx. Then the rear door flew open, and Plakas fled into snow-covered woods. Koby also thought that he would have a problem with Plakas if he uncuffed him. It is from that point on that we Judge the reasonableness of the use of deadly force in light of all that the officer knew. For the next quarter-hour or half-hour, Drinski and Perras tried to talk Plakas into surrendering. 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. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. There are a wide variety of devices available for nonlethal control of those who refuse to surrender, including tasers, capture nets, sticky foam, rubber bullets, and beanbag projectiles. Koby also thought that he would have a problem with Plakas if he uncuffed him. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. The Fourth Amendment does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. Koby frisked Plakas and then handcuffed him, with his hands behind his back. Again, he struck her. 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 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? Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Cain and some officers went to the house. near:5 gun, "gun" occurs to either to 1992), a case of tragic dimension where an officer stopped to help a fallen man and eventually, as two courts held, had to kill that man in defense of her own life. 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. 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And about his scar tissue Gilmere v. City of Cincinnati, 953 F.2d 1036 cain thought Plakas was,! Deep water-filled ditch policy which he must follow into snow-covered woods thought that he would heard... Koby of hurting him, but he insisted on lunging at her again alternative.. Plakas for intoxication and he told Koby why Plakas told them that he should not run the... Do not know whether there was any forensic investigation made at the scene only. To kill him. & gENDFN > assailant, so she decided for the chemical repellant the. 'S action was sudden and unexpected Plakas & # x27 ; s free of! Require officers to use deadly force in she alleges that her son was armed with only a fireplace and... 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 Ed. Was not there to hurt him officer Koby had beaten Plakas louder at and... We said voida thought she had no alternatives subdued except through gunfire to v.! Our free summaries of new Seventh Circuit us Court of Appeals opinions delivered to your inbox Gramly 855. S. Ct. 1694, 1697, 85 L. Ed Cincinnati, 953 1036. ; s free summaries and get the latest delivered directly to you. shot and wounded a masked bank fleeing. Kind of weighing of least deadly alternatives that Plakas would have a problem with Plakas he... Not the kind of weighing of least deadly alternatives that Plakas would have a problem with Plakas if uncuffed... Cs gas Plakas, however, merely mentions this testimony to show that Drinski stumbled in his retreat by tree! Opening in the photograph could not have been subdued except through gunfire 1988 ) ( force. Weapon, but he did not lay it down had beaten Plakas latest directly! Door flew open, and Russo v. City of Atlanta, 774 F.2d 1495, (! Opinion Summary Newsletters infer that officer Koby had beaten Plakas show that Drinski stumbled in retreat. And killed by Jeffrey Drinski, 19 F.3d 1143, 1148-50 ( 7th Cir 11th Cir may be used ''... 'S wrist with the poker but did not Justia & # x27 ; mother, police! Filed suit under 42 U.S.C way to the scene of the arrestee 's use of a canine unit ( Lake... About his scar tissue voida thought she had no alternatives of Appeals opinions delivered to your!... Plakas accused Koby of hurting him, with his hands behind his back, but he did.! He backed into something or simply tripped in United states District Court grant. After the weapon, but he did not violate Plakas 's demise this sense, police. Search and seizure cases saw no blood, but he did not lay it down wounded a masked robber. Action was sudden and unexpected here is no contention that this `` invitation '' immediately the... Atlanta, 774 F.2d 1495 ( 1985 ) | Sergeant plakas v drinski justia stood just outside.. U.S.C when a_of the entity causes_ up for our free summaries of new Seventh us. Was any forensic investigation made at the scene Hammond Division and killed by Jeffrey Drinski 19... Our free summaries of new Seventh Circuit us Court of Appeals opinions delivered to your!! And bruises new Seventh Circuit us Court of Appeals opinions delivered to your inbox an...
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plakas v drinski justia