instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
of serious physical harm,” Gamer, 471 U.S. at 11, 105 S.Ct. at 1701, to Ponseti, or to others if the suspects were allowed to flee. Because Pon-seti could have reasonably believed that the suspects posed an imminent, deadly threat, we conclude that he was justified in using deadly force. Conclusion We therefore conclude that the magistrate judge erred in denying Ponseti’s motion for judgment as a matter of law. Accordingly, the judgment below is REVERSED. 1 . The woman was struck once in the right side of her abdomen. 2 . Under the current Federal Rule of Civil Procedure 50, the terms "directed verdict” and "judgment notwithstanding the verdict” have been replaced by the single term “judgment as a matter of law.” 3 . But see Harper v. Harris County, 21 F.3d 597, 600 (5th Cir.1994) (<HOLDING>). 4 . Smith also observes: “Furthermore, the 
 Holding statements: (A) holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law (B) holding that a violation of the wellestablished rule of brignoniponce constituted an egregious violation of the fourth amendment (C) holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts (D) holding that the notice requirement found in rule 41d is not required by the fourth amendment (E) holding that the significant injury requirement of johnson v morel 876 f2d 477 5th cir1989 a case involving a fourth amendment violation is no longer valid in the wake of hudson v mcmillianus 112 sct 995 117 led2d 156 1992 in which the supreme court held that a showing of a significant injury was not required to prove an eighth amendment violation
answer:
(E)


question:
relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of  presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action
answer:
(B)


question:
in the Readjustment Counseling Service). Ms. Thompson specifically notes that Mr. Luper “did not inform her that [the phone call] was an interview for the vacancy announcement or schedule the interview in advance as was regional practice.” Pl.’s Opp’n Def.’s Mot. Summ. J. 8. “Along with disparate qualifications of the applicants, procedural irregularities in the selection process also may demonstrate that the employer’s justification for a hiring or promotion decision was pretex-tual.” Kilby-Robb v. Duncan, 77 F.Supp.3d 164, 174 (D.D.C.2015) (citing Hamilton v. Geithner, 666 F.3d 1344, 1355 (D.C.Cir.2012)). For instance, summary judgment may be inappropriate when contemporaneous documentation supporting the employer’s justification is missing. See, e.g., Hamilton, 666 F.3d at 1355-56 (<HOLDING>); Browne v. Donovan, 12 F.Supp.3d 145, 153 
 Holding statements: (A) holding potential prejudice caused by equating reasonable doubt with a substantial doubt mitigated by providing an alternate definition of reasonable doubt as a doubt that would cause a reasonable person to hesitate to act (B) holding that an ij need not first identify the particular pieces of missing relevant evidence and show that this evidence was reasonably available to the applicant when he or she is not otherwise credible (C) holding that missing documentation of an interviewing panels deliberations coupled with a missing page of interview notes could lead a reasonable jury to doubt the employers interviewbased explanation (D) holding that a jury could accept witnesss explanation as reasonable (E) holding spoliation instruction was warranted in medical malpractice action where two pieces of evidence initially collected by hospital were missing
answer:

(C)