filed did you say there wasn't a motion filed to to take the case away as to her from the jury as i would she said of the hell there was no motion before we went that's before we rested there was not but it was a to fifty eight our next motion is to dismiss the claim of elisa feliciano but that is the motion of the end of the trial that's at the end of the trial in fact if we're being technical since they didn't make it fifty six and fifty a motion that motion couldn't be made but you can make a motion for a verdict not withstanding the jury's decision both at the close of the player's case and because of all the evidence yes but it wasn't made at the clues of the plaintiff's case that's what i'm saying though there was none that was made it should have been made that's because again because it wasn't made yes to fifty eight he said motion granted to dismiss and the failure to prove any injuries whatsoever and not only the misstatements and lies committed by the witness exactly so i don't grounds under smithing so one of those  transcript page three fifty nine you said we rest you see that little box page two fifty seven transcript page three five and i just one quick second there in the transcript that was after the three made the rolling that i read you see that next page i see i see it all i'm saying is that this was after the entire case was ended but you may please the court i'm assistant attorney arlene's willing i represent a police officer kevin it's very simple the plaintiffs here do not meet the considerably high bar for this court to alter the outcome in the court below what is the high bar that you referred to well with respect to several of the issues that the plaintiff's race it is an of discretion standards and abuse of discretion standard with respect to the denial of the rule fifty nine motion and the denial of the application for attorney's fees in so folks talk about  to the fore i'm not going to injury this was there not testimony on that score yes come on if there was why isn't that enough to award this missile of her claim because an excessive force claim requires more than the and point one of our br miss injury would be required i notice that all of these authorities are to district court there's nothing wrong with that each of us has been a former district judge so we have the highest regard for the strict orders but there's no apparent authority for your proposition from the court of appeals which would give us some indication of what the law of the circuit is but i suppose  i am not aware of any cases from this honorable court which squarely addressed that issue and decided i do believe there have been a number of cases where it noted  to conclude as the district court did here that the absence of some arbitrary want to teach of injury requires automatic dismissal of an excessive force claim improperly bypasses this  inquiry was whether some arbitrary whether the sheets whether he'd suffered a non trivial used of force that was applied maliciously and sadistically to cause calm that is you don't have to be really injured if the force was excessive that's what the supreme court says yes your honor but in this case the plaintiffs claimed no injury and there is he said she had  testimony i believe was that she felt pain and she hit the floor nothing she had any pain that persisted for any amount of time in her lower back didn't say at the moment she fell to the floor yes and a nothing there after is that was the test and yet she gave no testimony as to any pain or discomfort or injury after that moment  in court she had her opportunity to fully describe and have made said say after this whole trial to let this go to the jury to i mean the jury obviously wasn't in love with mr feliciano they gave him a dollar in damages why what makes a judge think that it's smart or to just take it away from the jury after listening to testimony for how many days how many days was this trial i believe it was two days of testimony days of testimony and right before it's supposed to go the jury the judge throws it out right yes your honor but again we believe that that was not an abuse of discretion about the to some extent about the testimony after she said she heard her with her thoughts from harm when she fell but then he was she was asked did she seek any medical treatment i'm on eight to twenty two two page two eighteen of the transcript please go to the microphone yes and she refers only to mental health treatment she met does not get you into a psychologist yes she does not mention any medical care received for physical necessary it must be a physical injury and not a mental health injury the law that says it must be a physical injury after the police com more than to minimus injury is required and that's all they're suing for is excessive force that this boy that was all over the case that was ellis only claim  moving on we also believe that the district court was within its discretion in denying hector's motion for a new trial on damages now the court below denied their branch of the rule fifty nine motion under versa city of new york now it's not completely clear whether hector is challenging the jury's decision to award only nominal damages and no one is opposed to compensatory  jurors are not required to except one or the other parties competing fersen of the facts in total but have the discretion to accept bits of testimony and to make reasonable informants inferences from that testimony that they in their judgment feel they should credit and likewise for are reviewing court examining the determination of a jury of thank you  because of all highlights he was actually furious and why it's not in the record i don't know but the base two five it's sort of reflects that yes indeed he i mean i don't know i mean i don't speak spanish something must have gotten isn't in the translation but when i brought when i read directed at i say you remember the courts where your song was your son and then your daughter you say yeah i remember you testified yes so why am i to cut through things to make her realize what we're talking about some how she thought we were just talking about that kiss if you look at it to still be confused but once i