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 the documents. In his report, Gage stated only that the witnesses could not recall whether or not Peng raised his fist, but that they saw Peng grab the documents from Mei Hu. Peng has submitted a declaration by C. Peng that neither he nor Mr. Chi ever told anyone anything about what happened. As the district court noted, Peng has not cast doubt on the fact that, prior to Peng’s arrest, Jonathan Hu, acting as interpreter, told Gage that the two witnesses saw Peng grab the documents from Mei Hu. Peng has cast doubt on the identity of the witnesses and the veracity of Jonathan Hu, but Gage could not have known this at the time of the arrest. We are satisfied that Gage made a reasonable investigation under the circumstances before he arrested Peng. See Fuller, 950 F.2d at 1442-44 (<HOLDING>). We conclude that the presence of a factual 
 Holding statements: (A) holding that police officers have a duty to conduct an investigation into the basis of the witness report (B) holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction (C) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (D) holding that an insurer has a duty to conduct an investigation reasonably appropriate under the circumstances (E) holding that witness statements in police report inadmissible
answer:
(A)


question:
an individual has adequately stated a pri-ma facie claim. Cf. Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329, 1334 (9th Cir.1995) (“An inquiry into the reasonableness of procedures ... belies a claim that liability under [15 U.S.C.] § 1681e(b) must be predicated on the effect of that information once disseminated .... The district court was required to consider whether [the defendant] was liable under § 1681e(b) before it determined that [the plaintiff] had suffered no recoverable damages.”). Several courts have previously recognized the possibility that a claim for actual or compensatory damages under FCRA may include compensation for emotional distress in the absence of physical injury or out-of-pocket expenses. See, e.g., Bakker v. McKinnon, 152 F.3d 1007, 1013 (8th Cir.1998) (<HOLDING>); Philbin v. Trans Union Corp., 101 F.3d 957, 
 Holding statements: (A) holding in a fcra case that plaintiffs may not rely on mere  conclusory statements  rather they must  sufficiently articulate  true demonstrable emotional distress  including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any (B) holding that under privacy act federal government waived its sovereign immunity with respect to actual damages but not with respect to damages for mental or emotional distress (C) holding that the district court did not abuse its discretion in finding that the incomplete and late submission of expert reports was not harmless (D) holding that under the first amendment where there is no proof of actual malice damages are limited to actual injury which excludes punitive damages but is not limited to outofpocket loss (E) holding that even in the absence of outofpocket expenses or costs incurred the district court did not abuse its discretion in awarding actual and punitive damages when appellees testified about how they felt when appellant obtained their credit reports and violated their privacy thereby causing them some emotional distress
answer:
(E)


question:
Id. The district court excluded this portion of the expert’s testimony. Id. at 1397. Relying on Downing, the Third Circuit reversed. Id. at 1401. We agree that expert testimony on eyewitness identification may properly be admitted under Daubert in certain circumstances, but Stevens simply does not persuade us that the district court abused its discretion in the instant case. We note that here there were five eyewitness identifica tions, not one. Likewise, as counsel for the government pointed out at argument, there was also testimony that Mr. Smith changed his alibi. In this admittedly close case, we hold only that the district court did not abuse its discretion in excluding the testimony under the circumstances. See United States v. Blade, 811 F.2d 461, 465 (8th Cir.1987) (<HOLDING>); United States v. Smith, 736 F.2d 1103, 
 Holding statements: (A) holding admissible expert testimony concerning factors that may impair eyewitness identification and rejecting that concerning a particular eyewitness credibility and the statistical probability of eyewitness misidentification (B) holding no abuse of discretion to exclude expert eyewitness identification testimony where governments case relied on more than eyewitness identification (C) holding that the trial court did not err by failing to instruct the jury to consider certain additional factors in evaluating the validity of eyewitness identification testimony (D) holding that a specific instruction was unnecessary because eyewitness was crossexamined and the eyewitness testimony was discussed in defense counsels opening statement (E) holding exclusion of expert eyewitness identification testimony harmless error where governments case included three separate eyewitnesses and a palm print that discredited the defendants alibi
answer:

(B)