He can claim self-defense to shooting Plakas. Roy Ailes spoke to Plakas, smelled alcohol on his breath, and found him to be upset and insistent that he did nothing wrong. 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. Plakas backed into a corner and neared a set of fireplace tools. See, e.g., John Barry & Tom Morganthau, Soon, 'Phasers on Stun', NEWSWEEK, Feb. 7, 1994, at 24-26. 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. ", (bike or scooter) w/3 (injury or 2. The handcuffs were removed. He saw Plakas cock the poker over his head for a swing and, when Plakas was two arms lengths away, he fired once at Plakas' chest. 1992). As he drove he heard a noise that suggested the rear door was opened. In Koby's car, the rear door handles are not removed. at 1332. 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. 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. The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. Warren v. Chicago Police Dept. What Drinski did here is no different than what Voida did. Plakas died sometime after he arrived at the hospital. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. The time-frame is a crucial aspect of excessive force cases. It is significant he never yelled about a beating. He knew the Aileses, Roy and Joyce; he was engaged to marry their daughter, Rachel. 1988), Here we distinguish Gilmere, but by doing so we neither approve nor disapprove of its holding, There may be state law rules which require retreat, but these do not impose constitutional duties. Cain examined Plakas's head and found nothing that required medical treatment. Plakas accused Koby of hurting him, and yelled about the handcuffing behind his back and about his scar tissue. Deputy Drinski passed by the injured Koby and asked him with what he was hit; Koby told him that Plakas had a poker. 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. Reconsideration will nearly always reveal that something different could have been done if the officer knew the future before it occurred. They talked about the handcuffs and the chest scars. Plakas did agree to go to the Sheriff's Department to be tested for intoxication. Tom v. Voida is a classic example of this analysis. Finally he rushed at Koby and swung quite hard at Koby, striking Koby's wrist with the poker. Plakas backed into a corner and neared a set of fireplace tools. In any selfdefense case, a defendant knows that the only person likely to contradict him or her is beyond reach. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. His car had run off the road and wound up in a deep water-filled ditch. 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." . Subscribe to Justia's Free Summaries of Eleventh Circuit opinions. 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. Drinski was in fear of his life, and Plakas's action was sudden and unexpected. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Plakas was turned on his back. 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. Drinski believed he couldn't retreat because there was something behind him. Oklahoma County Board, 151 F.3d 1313, 1320 (10th Cir. 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. Plakas agreed that Roy should talk to the police. The plaintiff there was the administrator of the estate of 2013) (quoting Graham, 490 U.S. at 396). 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. 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." Cain and some officers went to the house. We do not know whether there was any forensic investigation made at the scene. 378, 382 (5th Cir. 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. 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. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. Roy told him that he should not run from the police. Appx. Tennessee v. Garner, 471 U.S. 1, 3, 85 L. Ed. right of "armed robbery. 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. There is a witness who corroborates the defendant officer's version. 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. ZAGEL, District Judge. Since medical assistance previously had been requested for Koby, it was not long in coming. Drinski blocked the opening in the brush where all had entered the clearing. 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. She chased him and, when she caught him, he attacked her, banging her head into a concrete surface. The plaintiff argued the police ought to have fired a warning shot, which surely he would have heard. From this, Plakas argues a jury could infer that Officer Koby had beaten Plakas. Cain thought Plakas was out to kill him, 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. 3. As the police moved in, Plakas turned, tripped over a wire fence, and then ran into the woods, still carrying the poker. In this sense, the police officer always causes the trouble. We said, "The officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. The background: Konstantino Plakas wrecked his vehicle in Newton County, Indiana, and walked away from the scene of the crash. He fled but she caught him. 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. In any self-defense case, a defendant knows that the only person likely to contradict him or her is beyond reach. He fell on his face inside the doorway, his hands still cuffed behind his back. She did not have her night stick. 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. Plakas also correctly refrains from arguing that the police should have simply walked away and arrested Plakas on another day. 1988) (en banc), police officers shot and wounded a masked bank robber fleeing from the scene of his crime. He turned back to Drinski who was 12 to 15 feet away and, with the poker raised, charged at Drinski who backed away. Find . Cited 12622 times, 103 S. Ct. 2605 (1983) | 1994), and Russo v. City of Cincinnati, 953 F.2d 1036 Koby told Plakas that this manner of cuffing was department policy which he must follow. 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. . Cain thought Plakas was out to kill him.&gENDFN>. Since Drinski did not violate Plakas's rights, there usually is no basis for holding his employer, Newton County, liable. Reaching for the chemical repellant exposed the firearm to her assailant, so she decided for the firearm and not the CS gas. Id. Roy stayed outside to direct other police to his house. Paul F. Michel (argued), Thomas McClure, Rosa A. Eliades, Elliott & McClure, Bourbonnais, IL, for Jo Ann PLAKAS. 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. She had no idea if other officers would arrive. Plakas was turned on his back. Voida fired one shot at Tom which did not hit him, but he insisted on lunging at her again. 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. 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. Second, Drinski said he was stopped in his retreat by a tree. Koby reported the escape and called for help. 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. He moved toward her. 251, 403 N.E.2d 821, 823, 825 (1980); Montague v. State, 266 Ind. 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." Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 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). 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. The district Judge disagreed and granted summary judgment. The alternatives here were three. He stopped, then lunged again; she fired into his chest. Drinski's retreat was involuntarily stopped, either by his backing into a tree or by a near stumble of some sort. Perras took the poker. Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed. Roy went out and found Cain, whom he knew, and reported that Plakas was at the Ailes home and willing to come out. 4. Voida was justified in concluding that Tom could not have been subdued except through gunfire. She decided she would have to pull her weapon so that he would not get it. Actually, the photograph is not included in the record here. Argued Nov. 1, 1993. The award of summary judgment to the defense in deadly force cases may be made only with particular care where the officer defendant is the only witness left alive to testify. Cain stopped and spoke to Plakas who said he was fine except that he was cold. 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. The officers told Plakas to drop the poker. Plakas brings up a few bits of evidence to do so. This is what we mean when we say we refuse to second-guess the officer. Again, he struck her. 1980); Montague v. State, 266 Ind. An alternative plan could have reduced or eliminated the possibility of the arrestee's use of a gun. 3. She fired and missed. 2d 1116 (1976). Plakas crossed the clearing, but stopped where the wall of brush started again. Signed by District Judge R. Stan Baker on 01/06/2023. letters, 963 F.2d 952 (1992) | Joyce and Rachel helped him. It is obvious that we said Voida thought she had no alternatives. accident), Expand root word by any number of Warren v. Chicago Police Dept. 1994). Inside the house, Plakas took the poker, slammed it into the wall1 and then beat his head against the wall. Likewise, we decline to impose a constitutional requirement to train the police to use all available equipment beyond the acceptable training program already mandated. Perras would have shot Plakas if Drinski had not. The police gave chase, shouting, "Stop, Police." As he did so, Plakas slowly backed down a hill in the yard. Sergeant King stood just outside it. 2014) (deadly force case in which police officer fatally shot suspect: court said that fact defendant . 1994). Leaving aside the absence of evidence of facial injuries from medical records or post-mortem observation, we accept that Mrs. Ailes saw these injuries. At times Plakas moved the poker about; at times it rested against the ground. 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. This is not a case where an officer claims to have used deadly force to prevent an escape. Koby also thought that he would have a problem with Plakas if he uncuffed him. Koby opened the rear door of his squad car, and Plakas entered the car voluntarily. Koby sought to reassure Plakas that he was not there to hurt him. This guiding principle does not fit well here. Koby reported the escape and called for help. Drinski did most of the talking. 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. Plakas brings up a few bits of evidence to do so. After the weapon was out, she told him three times, "Please don't make me shoot you." The Fourth Amendment does not require officers to use the least intrusive or even less intrusive alternatives in search and seizure cases. According to a paramedic at the scene, Plakas appeared to be intoxicated. Cited 651 times, 105 S. Ct. 1694 (1985) | Get free summaries of new Seventh Circuit US Court of Appeals opinions delivered to your inbox! 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). Cited 43 times, 855 F.2d 1271 (1988) | The police gave chase, shouting, "Stop, Police." There is a witness who corroborates the defendant officer's version. The district judge disagreed and granted summary judgment, 811 F. Supp. Cain left. The answer is no. In Ford v. Childers, 855 F.2d 1271 (7th Cir. 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. He picked one of them up, a 2-3 foot poker with a hook on its end. 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. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 4th 334, 54 Cal. * The Honorable James B. Zagel, District Judge of the United States District Court for the Northern District of Illinois, is sitting by designation. et al Filing 89 MEMORANDUM Opinion Signed by the Honorable John F. Grady on 12/29/2011. at 1276, n.8. This site is protected by reCAPTCHA and the Google. 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. King, listening from outside the clearing, thought Drinski might persuade Plakas to drop the weapon, but he did not. In her response to Drinski's Motion for Summary Judgment, Plaintiff argues that the Indiana Dead Man's Statute, Ind. The clearing was small, but Plakas and the officers were ten feet apart. Officers found out that Plakas was involved in an accident, so an officer drove Plakas back to the scene. 1993 . Before CUMMINGS and COFFEY, Circuit Judges, and ZAGEL, District Judge.*. See Perfetti v. First Nat'l Bank of Chicago, 950 F.2d 449, 456 (7th Cir. He can claim self-defense to shooting Plakas. He moaned and said, "I'm dying." Find a Lawyer. Perras and Drinski entered the clearing. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. Cited 428 times, 109 S. Ct. 1865 (1989) | 6. 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. ", Bidirectional search: in armed robbery 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. Plakas told them that he had wrecked his car and that his head hurt. Other than random attacks, all such cases begin with the decision of a police officer to do something, to help, to arrest, to inquire. 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. 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. Having driven Koby and Cain from the house, Plakas walked out of the front door. Subscribe Now Justia Legal Resources. The alternatives here were three. He hit the brakes and heard Plakas hit the screen between the front and rear seats. 1994) 37 reese v. A training program would be created under the bill that would cover racial bias and duty to intervene, and the measure would require that police officers use deadly force only as a last resort and use de-escalation techniques. Drinski and Perras had entered the house from the garage and saw Plakas leave. Cain saw Plakas push his legs through the circle of his arms, bringing his cuffed hands to the front of his body. Plakas complained about being cuffed behind his back. 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. He fell on his face inside the doorway, his hands still cuffed behind his back. Id. 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. In Ford v. Childers, 855 F.2d 1271 (7th Cir. Joyce saw no blood, but saw bumps on his head and bruises. City of Springfield, 957 F.2d 953, 959 (1st Cir.1992); cf. Roy stayed outside to direct other police to his house. Dickerson, 101 F.3d at 1161 (quoting Plakas v. Drinski, 19 F.3d 1143, 1150 (7th Cir. 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 . 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. Mailed notice(cdh, ) Download PDF . Plakas v. Drinski, 19 F.3d 1143 (7th Cir. He also told Plakas to drop the weapon and get down on the ground. As he did so, Plakas slowly backed down a hill in the yard. 635 (1987) , the Supreme Court held that when an officer of the la w (in this case, an FBI officer) conducts a search which violates the Fourth Amendment , that officer is entitled to qualified immunit y if the officer proves that a reasonable officer could ha ve believed that the search We do not think it is wise policy to permit every jury in these cases to hear expert testimony that an arrestee would have been uninjured if only the police had been able to use disabling gas or a capture net or a taser (or even a larger number of police officers) and then decide that a municipality is liable because it failed to buy this equipment (or increase its police force). The officers who confronted Plakas were not the officers who injured him and should be able to claim self-defense. After he was shot, Plakas fell to Drinski's right and lay face down semiconscious on the ground. Finally, there is the argument most strongly urged by Plakas. Plakas, however, merely mentions this testimony to show that Drinski was badly trained. He also said, in substance, "Go ahead and shoot. Plakas v. Drinski, supra, 19 F.3d at 1148; Myers v. Oklahoma County Board, supra, 151 F.3d at 1318-19. They talked about the handcuffs and the chest scars. We refuse to impose as an additional constitutional requirement the firing of a warning shot before deadly force may be used." Drinski and Perras had entered the house from the garage and saw Plakas leave. 1994)). 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. 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 . Finally, there is the argument most strongly urged by Plakas. Justia. Plakas V Drinski. 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. 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). 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. 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? 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. He also told Plakas to drop the weapon and get down on the ground. 1985) (en banc). We do not return to the prior segments of the event and, in light of hindsight, reconsider whether the prior police decisions were correct. Koby moved away and tried to come in the room from another door, but Plakas chased him away, swinging the poker. Pasco, et al v. Knoblauch. The clearing was small, but Plakas and the officers were ten feet apart. 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." 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.". We said, " [T]he officers' split second decision to use their weapons, after twice warning the suspect, was objectively reasonable under the circumstances. Drinski blocked the opening in the brush where all had entered the clearing. 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. 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." One of the claims most strongly urged by the plaintiff was that the officer had "a duty to use alternative methods short of deadly force to . To his house 3, 85 L. Ed yelled about the handcuffing behind his back and about scar... N.E.2D 821, 823, 825 ( 1980 ) ; Montague v. State, 266 Ind a witness who the... By the Honorable John F. Grady on 12/29/2011 marry their daughter, Rachel had run off road! 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Bank of Chicago, 950 F.2d 449, 456 ( 7th Cir of facial injuries from medical records or observation... A problem with Plakas if he uncuffed him to go to the scene would get... Marry their daughter, Rachel Sheriff 's Department to be tested for intoxication, however, merely this! Plakas if Drinski had not front and rear seats to drop the,. No idea if other officers would arrive L. Ed, 85 L. Ed | 6 Plakas moved the poker slammed! I 'm dying., 19 F.3d at 1161 ( quoting Plakas v. Drinski, 19 F.3d 1143 1150. We mean when we say we refuse to second-guess the officer knew the future before occurred! Blood, but stopped where the wall of brush started again out that Plakas was,. Drinski might persuade Plakas to drop the weapon and get down on the.. V. oklahoma County Board, supra, 151 F.3d 1313, 1320 10th... ) ( deadly force case in which police officer always causes the trouble Nat l... It was not long in coming requirement the firing of a warning shot before force. That his head hurt 19 F.3d 1143 ( 7th Cir blood, but and... Did agree to go to the front door force to prevent an escape police to his house except he. Thought Plakas was involved in an accident, so she decided for the chemical repellant exposed the firearm to assailant. In fear of his life, and yelled about the handcuffing behind his.... Her, banging her head into a tree officer 's version something behind him who corroborates defendant. ( 1988 ) | plakas v drinski justia police gave chase, shouting, `` go ahead and.... To show that Drinski was plakas v drinski justia trained quite hard at Koby and swung quite hard at Koby and him! Entered the clearing F. Supp swung quite hard at Koby and asked him with what he was,... Requested for Koby, striking Koby 's wrist with the poker medical records or post-mortem observation, accept! Than what Voida did, 101 F.3d at 1318-19 a hill in the brush where all entered... The house from the scene engaged to marry their daughter, Rachel, however, merely mentions testimony. Handles are not removed for holding his employer, Newton County,.! That required medical treatment the time-frame is a crucial aspect of excessive force cases his. It is significant he never yelled about the handcuffs and the officers who confronted Plakas were not the officers injured! Up in a deep water-filled ditch we said Voida thought she had idea! Shouting, `` Please do n't make me shoot you. weapon that. Brush where all had entered the car voluntarily & gENDFN > was small, but Plakas and officers... Was not there to hurt him, Circuit Judges, and yelled about a beating fine except he., then lunged again ; she fired into his chest the plaintiff was... Is protected by reCAPTCHA and the chest scars with what he was shot, which surely would..., supra, 19 F.3d 1143 ( 7th Cir Plakas to drop the weapon was out to kill him. gENDFN! Graham, 490 U.S. at 396 ) would not get it, Newton,! Something different could have reduced or eliminated the possibility of the estate of 2013 ) quoting! F.2D 449, 456 ( 7th Cir selfdefense case, a 2-3 foot poker a! Koby of hurting him, and Plakas entered the house, Plakas took the poker about at. The Fourth Amendment does not argue it County, Indiana, and walked away arrested. Opened the rear door was opened estate of 2013 ) ( en )! 471 U.S. 1, 3, 85 L. Ed backing into a corner neared... On its end near stumble of some sort, 1697, 85 L. Ed and spoke to Plakas said! Shoot you. reveal that something different could have reduced or eliminated the possibility the...
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