From Casetext: Smarter Legal Research

Ockerman v. Baker

United States Court of Appeals For the Eighth Circuit
Aug 29, 2013
528 F. App'x 687 (8th Cir. 2013)

Opinion

No. 12-3946

08-29-2013

David DeWayne Ockerman Plaintiff - Appellant v. Ryan Baker, Police Officer, Sherwood Police Department Defendant - Appellee


Appeal from United States District Court

for the Eastern District of Arkansas - Little Rock


[Unpublished]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 moved for summary judgment, and Ockerman did not respond. The district court 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.

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

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.


Summaries of

Ockerman v. Baker

United States Court of Appeals For the Eighth Circuit
Aug 29, 2013
528 F. App'x 687 (8th Cir. 2013)
Case details for

Ockerman v. Baker

Case Details

Full title:David DeWayne Ockerman Plaintiff - Appellant v. Ryan Baker, Police…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Aug 29, 2013

Citations

528 F. App'x 687 (8th Cir. 2013)