as McColman argues. Federal Rule of Civil Procedure 15(b)(2) provides: When an issue not raised by the pleadings is tried by the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move — at any time, even after judgment — to amend the pleadings to conform them to the evidence and to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue. By its plain terms, Rule 15(b)(2) only applies to claims that are tried, and this case was disposed of on summary judgment. Further, Doan did not consent to trying the handcuffing claim — he objected to the claim in both his motion for summary judgment and at oral argument on that motion. Cf. Siler v. Webber, 448 Fed.Appx. 50, 58 (6th Cir.2011) (<HOLDING>). The fact that Doan would not have been
holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them holding unpleaded claims or defenses that are tried by express or implied consent of parties are treated as if they had been raised by pleadings even in summary judgment proceedings holding an issue not raised in the pleadings is tried by implied consent where the issue is presented considered and ruled upon by the trial court without objection holding that an issue cannot be tried by the parties consent pursuant to rule 15b2 where one of the parties opposes trial by moving for summary judgment holding order nonfinal where parties agreed to reserva tion on issue ripe for adjudication and tried by parties