LEAVY, Circuit Judge:
Ronald E. Ting appeals from the district court's grant of summary judgment in favor of the defendants on his Bivens action against five FBI agents and claims against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2674. Ting claims that the agents' use of deadly force to effect his arrest was excessive and unreasonable. We affirm in part, and reverse and remand in part.
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