DocketNumber： 12-3946
Judges： Smith, Bowman, Shepherd
Filed Date： 8/29/2013
Status： Non-Precedential
Modified Date： 11/6/2024
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for the Eastern District of Arkansas - Little Rock ____________ Submitted: August 26, 2013 Filed: August 29, 2013 [Unpublished] ____________ Before SMITH, BOWMAN, and SHEPHERD, Circuit Judges.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 a42 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 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-