Argued: December 9, 2016
from the United States District Court for the Southern
District of Ohio at Columbus. No. 2:14-cv-00906-Gregory L.
Frost, District Judge.
Nicholas A. DiCello, SPANGENBERG, SHIBLEY & LIBER, LLP,
Cleveland, Ohio, for Appellant.
Timothy J. Mangan, CITY ATTORNEY'S OFFICE, Columbus,
Ohio, for Appellees.
Nicholas A. DiCello, Jeremy A. Tor, SPANGENBERG, SHIBLEY
& LIBER, LLP, Cleveland, Ohio, for Appellant.
Timothy J. Mangan, Janet R. Hill Arbogast, CITY
ATTORNEY'S OFFICE, Columbus, Ohio, for Appellees.
Before: McKEAGUE, GRIFFIN, and KETHLEDGE, Circuit Judges.
McKEAGUE, Circuit Judge.
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.
2012, Destin Thomas lived in an apartment complex near
Columbus, Ohio. His front door opened to a breezeway. On one
end, the breezeway led to a parking lot that Destin's
building shared with the others in the complex. On the other
end, it led to a grassy area that separated Destin's
building from other developments and a nearby road.
around 8:45 a.m. on a July morning, two men broke through
Destin's front door. Destin called 911 from inside his
bedroom and spoke quietly to avoid drawing the burglars'
attention. After a few minutes, however, the men ...