Bernard Wilkerson v. City of Birmingham Alabama

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED _____________________________U.S. COURT OF APPEALS ELEVENTH CIRCUIT MAY 1, 2008 No. 07-11475 _____________________________ THOMAS K. KAHN CLERK D. C. Docket No. 05-01761 CV-AR-S BERNARD WILKERSON, Plaintiff-Appellant, versus CITY OF BIRMINGHAM, ALABAMA, a body politic, TIMOTHY SCOTT ZIMMERMAN, individually and in his official capacity as an employee of the City of Birmingham, Alabama, Defendants-Appellees, _________________________________________ Appeal from the United States District Court for the Northern District of Alabama _________________________________________ (May 1, 2008) Before EDMONDSON, Chief Judge, WILSON, Circuit Judge, and ALTONAGA,* District Judge. * Honorable Cecilia M. Altonaga, United States District Judge for the Southern District of Florida, sitting by designation. PER CURIAM: This appeal is from the grant of summary judgment to a policeman defendant and his municipal employer. The case is a civil action for damages based on an alleged unlawful seizure of plaintiff: the policeman shot and seriously injured plaintiff. We have heard oral argument. We have also reviewed the record, including a video tape recording from the convenience store at which the shooting occurred and an affidavit from plaintiff in which he, among other things, set out evidence of his peaceful character. No reversible error has been demonstrated. We affirm the judgment. AFFIRMED. 2