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Use of Less-Lethal Alternatives Not Required When Use of Deadly Force Justified

NCJ Number
182971
Journal
Police Chief Volume: 67 Issue: 4 Dated: April 2000 Pages: 56-60
Author(s)
Patiann D. Sifling-Aardema
Editor(s)
Charles E. Higginbotham
Date Published
2000
Length
4 pages
Annotation
In the case of Plakas v. Drinski, the Federal district court in Indiana decided the use of a less lethal alternative was not required when the use of deadly force by police was justified.
Abstract
In 1991, Plakas drove his car off a State road into a ditch. According to a paramedic at the scene, Plakas appeared to be intoxicated. He was handcuffed but complained of pain because of scar tissue on his chest. The police officer told Plakas he was following department policy and left the handcuffs on. Plakas managed to get out of the police car and fled. When the police officer caught up with him, Plakas assaulted the police officer with a poker. The police officer shot Plakas. Plakas was pronounced dead sometime after he arrived at the hospital. The court held that the police officer had acted in self-defense, although the appellants argued that the police officer should have used less lethal alternatives. The court reiterated that the fourth amendment does not require the use of the least deadly alternative as long as the use of deadly force is reasonable. Situations in which police use of deadly force may be appropriate are noted. 14 footnotes