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PAYNE v. JONES

Docket No. 09-5201-cv.

696 F.3d 189 (2012)

James Edward PAYNE, Plaintiff-Appellee, v. Officer Brandon JONES, Defendant-Cross Claimant-Appellant, City of Utica, Defendant-Cross Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 3, 2012.

Attorney(s) appearing for the Case

Frank Policelli , Utica, NY, for Appellee.

Patrick G. Radel , Getnick Livingston , Atkinson & Priore LLP, Utica, N.Y. ( Michael E. Getnick , on the brief), for Cross Claimant-Appellant.

Linda S. Fatata , Corporation Counsel, Utica, N.Y. ( Armond J. Festine , Assistant Corporation Counsel, on the brief), for Cross Defendant-Appellant.

Before: JACOBS, Chief Judge, McLAUGHLIN and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

Defendant Brandon Jones, a former officer in the Utica Police Department, appeals from the judgment of the United States District Court for the Northern District of New York (Hurd, J.), entered pursuant to a jury verdict, awarding compensatory and punitive damages to Plaintiff James Edward Payne on his claims against Jones of excessive force and battery. Jones contends that the district court erred in denying a continuance to accommodate...

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