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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: situation he confronted.’ ” Id. at 367 (quoting Saucier v. Katz, 533 U.S. 194, 202, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)). Particularly, the contours of De Boise’s right to be free from excessive force must be so sufficiently clear that a reasonable officer would know that the multiple tasings under the circumstances were a violation of that right. See Roberts v. City of Omaha, 723 F.3d 966, 972 (8th Cir.2013). Although we have determined that non-violent, non-fleeing subjects have a clearly established right to be free from the use of tasers, see Brown, 574 F.3d at 499-500, we have yet to determine whether a violent subject, acting aggressively toward officers, has a clearly established right to be free from multiple tasings. See Clark v. Ware, 873 F.Supp.2d 1117, 1123 (E.D.Mo.2012) (<HOLDING>). Indeed, in 2008, case law related to the use 
 Holding statements: (A) holding that the court could not determine as a matter of law that the repeated use of a taser on a subject that was physically resisting the police violated a clearly established right as of november 2009 (B) holding the right to record police activity on public property was not clearly established (C) holding that second element of qualified immunity test is whether the law violated was clearly established (D) holding that clearly established law is construed as supreme court or tenth circuit decisions on point or the clearly established weight of authority from other courts (E) holding that claim construction is a matter of law for the court to determine

Answer: holding the right to record police activity on public property was not clearly established


Question: by Ankeny should arise rarely and therefore would be unlikely to produce a swarm of cases involving excessive force searches. Also, officials and courts are far more competent to discern which extraordinary tactics constitute excessive force than to determine in the heat of the moment “what constituted] a reasonable wait time in a particular case” before entering' — usually a matter of calculating, wholly subjectively the appropriate number of seconds. Id. at 2166 (internal quotations and citations omitted). In fact, without any difficulty, we have in the past in a case remarkably similar to the one before us struck down, as constituting excessive force, specific tactics such as the ones used in the case before us. See, e.g., Boyd v. Benton County, 374 F.3d 773, 779 (9th Cir.2004) (<HOLDING>). Finally, on the cost side, the 
 Holding statements: (A) holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim (B) holding officers punch of an inmate was not excessive force (C) holding that ordering police officers to use excessive force in bringing a lawyer into court was a judicial act (D) recognizing that the fourth amendment protects against the use of excessive force by police officers in carrying out an arrest (E) holding that officers had employed constitutionally excessive force by blindly throwing a flash bang grenade into an apartment occupied by five to eight individuals

Answer: holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim


Question: adopted by this court. Atel Fin. Corp. v. Quaker Coal Co., 321 F.3d 924, 926 (9th Cir.2003). On this record, the district court did not err when it determined that Roberts had not offered evidence that the monitor was defective. Roberts presented only circumstantial evidence that the monitor was defective. Nevada courts have never directly held that circumstantial evidence is sufficient to prove a defect, yet some Nevada cases have relied on circumstantial evidence to establish the existence of a defect. See Van Duzer v. Shoshone Coca Cola Bottling Co., 103 Nev. 383, 741 P.2d 811, 812-14 (1987) (finding that a bottle was unreasonably dangerous and defective based on supermarket customer’s testimony); Stackiewicz v. Nissan Motor Corp. in U.S.A., 100 Nev. 443, 686 P.2d 925, 928 (1984) (<HOLDING>). In this case, even if circumstantial evidence 
 Holding statements: (A) holding that it was not an abuse of discretion for district court to allow a mechanical engineer to give expert testimony about a machine with which the engineer had no design experience (B) holding that drivers and witnesses testimony about car steering malfunction could be proof of defect without establishing the mechanical cause of the malfunction (C) holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial (D) holding that a district court was entitled to accept or reject testimony on the basis of the witnesses demeanor and candor or lack thereof and contradictions in the witnesses testimony (E) holding that a cause of action does not arise in negligence when a product malfunctions or is defective and the malfunction or defect results in damage only to the product itself and produces only economic loss

Answer:
holding that it was not an abuse of discretion for district court to allow a mechanical engineer to give expert testimony about a machine with which the engineer had no design experience