Glenn

ORDER

The panel acknowledges the amended table of contents in Appellees’ corrected petition for rehearing, filed November 21, 2011. Appellees’ motion for leave to file a corrected petition for rehearing is DENIED.

The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

Appellees’ petition for rehearing and petition for rehearing en banc, filed November 18, 2011, is DENIED.

The changes to the amended opinion filed concurrently with this order are non-substantive. Therefore, no further petitions for rehearing will be considered.

OPINION

Eighteen-year-old Lukus Glenn was shot and killed in his driveway by Washington County police officers. His mother had called 911 for help with her distraught and intoxicated son after Lukus began threatening to kill himself with a pocketknife and breaking household property. Within four minutes of their arrival, officers had shot Lukus with a “less-lethal” beanbag shotgun, and had fatally shot him eight times with their service weapons. Lukus’ mother filed suit against the officers and Washington County alleging a state law wrongful…