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WILLIAM THOMAS,
Plaintiff-Appellant,
v.
CITY OF COLUMBUS, OHIO; KIMBERLEY JACOBS; WILLIAM T. KAUFMAN,
Defendants-Appellees.
   No. 16-3375
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:14-cv-00906—Gregory L. Frost, District Judge.
Argued: December 9, 2016
Decided and Filed: April 19, 2017
Before: McKEAGUE, GRIFFIN, and KETHLEDGE, Circuit Judges.


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OPINION
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McKEAGUE, Circuit Judge. This case primarily concerns an officer’s decision to fire his weapon. Specifically, whether that decision was reasonable when an apparent suspect exited an ongoing burglary 40 feet away from the officer and then ran towards the officer with a gun. For the following reasons, we hold that it was and that the district court properly granted summary judgment to the defendants on the remaining claims. Thus, we affirm.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RAY GIBSON,
Defendant-Appellant.
   No. 15-6122
Appeal from the United States District Court
for the Eastern District of Kentucky at London.
No. 6:14-cr-00025-1—Amul R. Thapar, District Judge.
Decided and Filed: April 19, 2017
Before: COLE, Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS,
ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE,
WHITE, STRANCH, and DONALD, Circuit Judges.


_________________________
ORDER
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A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case.