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: County Reg’l Planning Comm’n v. Hamilton Ban zure beyond its lawful duration, such theft violates the Fourth Amendment. See Nelson v. Streeter, 16 F.3d 145, 151 (7th Cir.1994). The remaining question is whether Colaprete’s Fourth Amendment right against having his property converted following a search was clearly established when the alleged conversion occurred. The Seventh Circuit has held that the existence of this right is “[s]o obvious ... that we do not think the absence of case law can establish a defense of immunity.” Id. We respectfully disagree. This court has never applied the Fourth Amendment in this manner, and Supreme Court precedent tilts slightly against the existence of any constitutional right against theft during the course of a search. See Hudson, 468 U.S. at 533(<HOLDING>). Moreover, the Sixth Circuit has held that the 
 Holding statements: (A) holding postdeprivation remedy is adequate even when deprivation was intentional (B) holding that doctrine does not violate due process (C) holding that theft by prison guards does not violate due process when postdeprivation remedy exists (D) holding that deprivation of property does not violate due process if a meaningful postdeprivation remedy is available and explaining that state tort actions are meaningful postdeprivation remedies (E) holding that a prison guards intentional destruction of a prisoners possessions did not give rise to a federal due process claim because state law provided an adequate postdeprivation tort remedy

Answer: holding postdeprivation remedy is adequate even when deprivation was intentional


Question: task of resolving the dispute over the meaning of [a statute] ... begins where all such inquiries must begin: with the language of the statute itself.”). Section 2412(d)(2)(A)(ii) states in part that “attorney fees shall not be awarded in excess of $125 per hour unless the court determines that an increase in the cost of living ... justifies a higher fee.” (emphasis added). On its face, § 2412(d)(2)(A)(ii) generally references “the cost of living” not a local/regional cost-of-living. Id. (emphasis added). See Conn. Nat. Bank v. Germain, 503 U.S. 249, 253-54, 112 S.Ct. 1146, 117 L.Ed.2d 391 (1992) (“[CJourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”) (citations omitted). Cf. Jones v. Espy, 10 F.3d 690, 692 (9th Cir.1993) (<HOLDING>) (citation omitted). This choice of language 
 Holding statements: (A) holding that legal services attorney lacked standing to challenge state court judges alleged retaliation against clients represented by legal services for using legal services relying upon article iii and younger comity (B) holding that where a conflict between state and federal law is alleged it must be reasonable to conclude that congress would have intended to preclude the state law in question since it would make little sense to preempt state law in order to serve the purposes underlying federal legislation if congress itself would not require or admit of preemption of state authority (C) holding that the more general cpiu for all items applied because if congress had meant to permit upward adjustments based on the increased cost of legal services it would have done so with greater specificity and clarity (D) holding that an attorneys services were personal services rendered or labor done under the predecessor statute to section 38001 (E) holding that based on the statutes purpose and its legislative history the legislature would have included specific language regarding drug rehabilitation if it had meant to include it

Answer: holding that legal services attorney lacked standing to challenge state court judges alleged retaliation against clients represented by legal services for using legal services relying upon article iii and younger comity


Question: of that order pursuant to Rule 62(b) of the Federal Rules of Civil Procedure. That rule provides: In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to Rule 59, or of a motion for relief from a judgment or order made pursuant to Rule 60, or of a motion for judgment in accordance with a motion for a directed verdict made pursuant to Rule 50, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b). Fed. R. Civ. Pro. 62(b); see also for example Joy Technologies, Inc., A/S Niro Atomizer v. Flakt, Inc., 1992 WL 188814 (D.Del.1992) (<HOLDING>), reversed on other grounds, 6 F.3d 770 (Fed. 
 Holding statements: (A) holding that once a plaintiff has met its burden in showing that an injunction is necessary no delay in the issuance of that injunction is appropriate absent extraordinary considerations here there are no extraordinary circumstances or considerations only the relatively standard posttrial motions (B) holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice (C) holding in review of a downward departure that an extraordinary reduction must be supported by extraordinary circumstances (D) holding that an injunction is an extraordinary remedy (E) holding that an accounting is an extraordinary remedy

Answer:
holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice