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. 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.
question:
and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe’s amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun 
 Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in  1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure
answer:
recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure


question:
Leak should not have been admitted, because, they say, 1) its prejudicial effect outweighed its probative value and 2) it was inadmissible under the general exclusionary rule. However, Tinsley and Tuscaloosa County did not object before the trial court based on these grounds. Because Tinsley and Tuscaloosa County failed to state these grounds for their objection, the alleged error was not preserved for appeal. Rule 103, Ala. R. Evid. The trial record shows that Tinsley and Tuscaloosa County based their objection to the testimony on a relevancy argument. They do not argue on appeal that the trial court erred in ruling that the evidence was relevant. Therefore, they have not presented any basis for appellate review on this issue. See Landreth v. State, 600 So.2d 440 (Ala.Crim.App.1992) (<HOLDING>). The judgment of the trial court is affirmed. 
 Holding statements: (A) holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal (B) holding that issues raised for the first time on appeal will not be considered (C) holding that the statement of specific grounds in a motion for a new trial waives all other grounds not specified (D) holding that where specific grounds for an objection are stated at trial all other grounds are waived and will not be considered for the first time on appeal (E) holding that a claim not raised before the trial court will not be considered for the first time on appeal
answer:
holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal


question:
doing something that can be characterized as resistance—even when that resistance includes physically preventing an officer’s manipulations of his body.”). In addition, the black-and-white bus surveillance video fails to clearly show what occurred as the officers forcefully “escorted” Hulett off the bus, and leaves the viewer wondering whether, and to what extent, additional force may have been applied during those moments that might have contributed to plaintiffs broken hip. And even following plaintiffs removal from the bus, it cannot be said as a matter of law that Sergeant Galvin acted in an objectively reasonable manner by dragging plaintiff some distance across the pavement, since plaintiff did not appear to be offering any further resistance at that point. Tracy, 623 F.3d at 98 (<HOLDING>); Meyes v. Baltimore Cnty., 713 F.3d 723, 733 
 Holding statements: (A) holding that otherwise acceptable use of pepper spray became excessive when arrestee was offering no further active resistance (B) holding that bystander prisoners who were exposed to pepper spray when prison officials dispensed spray across their pod area to break up a fight were not subjected to excessive force (C) holding that no objectively reasonable police officer could believe that after vinyard was under arrest handcuffed behind her back secured in the back seat of a patrol car with a protective screen between the officer and the arrestee an officer could stop the car grab such arrestee by her hair and arm bruise her and apply pepper spray to try to stop the intoxicated arrestee from screaming and returning the officers exchange of obscenities and insults during a short fourmile jail ride (D) holding that the use of pepper spray on nonviolent protestors was excessive force (E) holding that two bursts of pepper spray to stop fighting in a cell was not considered excessive force and did not violate prisoners eighth amendment rights
answer:

holding that bystander prisoners who were exposed to pepper spray when prison officials dispensed spray across their pod area to break up a fight were not subjected to excessive force