01-4187 Muhammed v. City of Chicago, et al.

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“Muhammed … argues that summary judgment for the City and Volland was not proper because there is a dispute regarding whether Mitchell actually robbed La- Salle Bank. According to Muhammed, the robber’s identity is material to the outcome of the lawsuit. It is undisputed that Mitchell threatened the officers with a gun subsequent to the time the officers knew that an armed robbery had been completed. This makes the identity of the individual who robbed the bank irrelevant in assessing whether Volland was justified in shooting Mitchell in the factual situation set forth above. See Garner, 471 U.S. at 11. Muhammed also argues that the second round of shots fired by Volland could be viewed as excessive force because Mitchell either did not aim a gun at Volland or was incapacitated by Volland’s first set of shots. Muhammed has failed to identify any specific eyewitness testimony that contradicts Volland’s testimony that Mitchell aimed his gun at Volland after he had aimed at Allen. He does allude to purported testimony evidencing “the locations and the effects of the various bullet wounds to” Mitchell in an attempt to cast doubt on whether Volland needed to fire a second round of shots at Mitchell to incapacitate him, but Muhammed has not identified any such testimony in the record before us. Without some evidence of a disputed material fact, summary judgment was appropriate.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Kennelly, J., Per Curiam.