The following excerpt is from Jones v. Treubig, 963 F.3d 214 (2nd Cir. 2020):
4 "The absence of a motion for summary judgment is not a defect, however, as the absence of a motion for a directed verdict would be." Krause v. Bennett , 887 F.2d 362, 368 n.3 (2d Cir. 1989).
5 On appeal, Lt. Treubig does not contest the jury's finding that he used excessive force.
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