David Ockerman v. Ryan Baker

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Bobby E. Shepherd (UNPUBLISHED) [4070134] [12-3946]

United States Court of Appeals
For the Eighth Circuit
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No. 12-3946
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David DeWayne Ockerman
lllllllllllllllllllll Plaintiff - Appellant
v.
Ryan Baker, Police Officer, Sherwood Police Department
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
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Submitted: August 26, 2013
Filed: August 29, 2013
[Unpublished]
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Before SMITH, BOWMAN, and SHEPHERD, Circuit Judges.
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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

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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.
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1

The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.
-2-

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Date Filed: 08/29/2013 Entry ID: 4070134