It's admittedly not an especially good en banc panel draw for Chief Judge Thomas. But it's still sort of sad (for him, anyway) when the vote is 10-1 and the only person in the en banc draw who dissents is the person who's automatically on the thing -- the Chief.
A split three judge panel decides -- on April Fool's Day of 2016 -- that San Diego's "bite and hold" policy for its police dogs might potentially violate the plaintiff's civil rights in the present case, and on that basis reverses the district court's grant of summary judgment. The case gets taken en banc in September, and then, today, wham. 10-1. Summary judgment affirmed.
With Chief Judge Thomas as the 1.
