- Associated Press - Monday, November 9, 2015

CINCINNATI (AP) - A federal appeals court has upheld dismissal of a lawsuit against a Cincinnati police officer who fatally shot a black youth during a 2011 confrontation.

The Cincinnati-based 6th U.S. Circuit of Appeals agrees that officer Oscar Cyranek’s (Sir-RAN’-ukz) “split-second decision” to use deadly force wasn’t unreasonable. The mother of 16-year-old Davon (Duh-VAHN’) Mullins sued in 2012, charging wrongful death, negligence, assault and battery by the officer for firing two shots after Mullins had thrown his gun aside.

Judge Julia Smith Gibbons called the shooting “an unfortunate tragedy,” and wrote that Cyranek made a mistake that was “a reasonable one under the circumstances.”

The ruling Monday upheld a U.S. district judge’s 2014 decision.

Mullins’ attorney Christopher Roach said he hadn’t read the opinion yet, but indicated further appeal is possible.

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