David Ockerman v. Ryan Baker


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Bobby E. Shepherd (UNPUBLISHED) [4070134] [12-3946]

Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3946 ___________________________ David DeWayne Ockerman lllllllllllllllllllll Plaintiff - Appellant v. Ryan Baker, Police Officer, Sherwood Police Department lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: August 26, 2013 Filed: August 29, 2013 [Unpublished] ____________ Before SMITH, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. David Ockerman filed a 42 U.S.C. § 1983 complaint claiming that police officer Ryan Baker used excessive force by shooting him during his arrest. Baker Appellate Case: 12-3946 Page: 1 Date Filed: 08/29/2013 Entry ID: 4070134 moved for summary judgment, and Ockerman did not respond. The district court1 granted Baker summary judgment on the merits, concluding that no constitutional violation occurred. The court found that the force Baker used was objectively reasonable given the threat Ockerman posed to him, as Ockerman was holding a knife during their encounter. Ockerman moved for reconsideration, which the district court denied. He appeals. After de novo review, see Lieffort v. Dakota, Minn. & E. R.R. Co., 702 F.3d 1055, 1057 (8th Cir. 2013), we agree that summary judgment was proper for the reasons the district court stated; and we find no abuse of discretion in the denial of reconsideration, see Cont’l Holdings, Inc. v. Crown Holdings Inc., 672 F.3d 567, 574 (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas. -2- Appellate Case: 12-3946 Page: 2 Date Filed: 08/29/2013 Entry ID: 4070134

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?