21 mar 1994 año - Plakas v. Drinski

Descripción:

U.S. Court of Appeals, Seventh Circuit

Summary:
Konstantino Plakas was found by paramedic Glen Cain walking along the side of a state road after his car ran off the road into a water-filled ditch. Taken back to the scene of the accident, Plakas was discovered by officers to be intoxicated and driving without a license. Plakas was handcuffed and voluntarily placed into the squad car by Corporal David Koby, but Plakas later fled the car after Corporal Koby had braked. After fleeing to the home of his future in-laws, Plakas grabbed hold of a fireplace poker and rushed towards Officer Koby twice, injuring him. Plakas fled into the woods, still holding the poker. Deputy Drinski attempted to talk Plakas down for between fifteen and thirty minutes, but the confrontation culminated in Plakas charging a final time. When Plakas was within two arm lengths of Deputy Drinski and poised to strike, Drinski fatally shot Plakas in the chest. An administrator for Plakas held that the officers should have taken more steps to preserve Plakas' life.

Decision:
- Drinski’s use of deadly force was reasonable in response to threats and actions made by Plakas.
- Drinski was not required to use non-lethal force before lethal force when confronted with lethal force.

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