David Ockerman v. Ryan Baker

528 F. App'x 687

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 29, 2013
• Docket: 12-3946
• Status: Unpublished

Opinion

PER CURIAM.

David Ockerman filed a 42 U.S.C. § 1988 complaint claiming that police officer Ryan Baker used excessive force by shooting him during his arrest. Baker moved for summary judgment, and Ocker-man did not respond. The district court 1 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 (8th Cir.2012) (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.