United States Court of Appeals For the Eighth Circuit ___________________________

No. 16-1046 ___________________________

Fineola Ingram; Justin Simmons; Brian Boykin

lllllllllllllllllllllPlaintiffs - Appellants

v.

Cole County; Sheriff Greg White; John Wheeler

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________

Submitted: October 17, 2017 Filed: July 30, 2018 [Unpublished] ____________

Before SMITH, Chief Judge, WOLLMAN, LOKEN, MURPHY, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.1 ____________

PER CURIAM.

1 Judge Murphy died on May 16, 2018, and thus did not participate in the final vote. The district court’s judgment dismissing claims against defendants Wheeler and White is affirmed, with four judges concluding that the complaint fails to state a claim and four judges concluding that the defendants are entitled to qualified immunity. The district court’s judgment dismissing claims against Cole County is affirmed by an equally divided court.

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