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:
from the OSHA inspection after this incident were for repeat offenses, the repeat offense that appears pertinent to this ease was the failure to mark a container of hazardous chemicals so as to identify the chemical. The prior citation for such an offense is not in the record, and we are unable to determine whether the “repeat” aspect of the citation pertains only to the type of citation or to the particular location of the offending container. In any event, our supreme court has not yet held that OSHA citations are evidence that compels the conclusion that a coemployee was substantially certain that injury or death would occur. In fact, in two cases involving OSHA citations, the court has held that such citations would not support that finding. See Ex parte Martin, 733 So.2d at 396 (<HOLDING>), and Harris v. Simmons, 585 So.2d 906, 908 
 Holding statements: (A) holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury (B) holding postaccident citation not sufficient to support finding that coemployee was substantially certain that injury or death would occur (C) holding that preaccident citation would not support a finding that coemployees were substantially certain that injury or death would occur (D) holding evidence sufficient to support trial courts finding in aggravation that the offense was planned (E) holding governments position substantially justified where sufficient support existed in precedent
answer:
holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury


question:
venture as contrasted with a governmental function.’ ” Hoffer v. State, 110 Wn.2d 415, 422, 755 P.2d 781 (1988) (quoting Black’s Law Dictionary 1097 (5th ed. 1979)), adhered to on recons., 113 Wn.2d 148, 776 P.2d 963 (1989). 5 Mun. of Metro. Seattle, 118 Wn.2d at 645. 6 Id. at 646 (quoting City of Tacoma v. Taxpayers of Tacoma, 108 Wn.2d 679, 695, 743 P.2d 793 (1987)). 7 Id. 8 RCW 57.08.081(1). 9 These factors include the difference in cost to various customers, the location of customers within and without the district, the achievement of water conservation goals and discouragement of wasteful practices, and “any other matters which present a reasonable difference as a ground for distinction.” RCW 57-.08.081(2). 10 See City of Tacoma v. Welcker, 65 Wn.2d 677, 685, 399 P.2d 330 (1965) (<HOLDING>). 11 See Mun. of Metro. Seattle, 118 Wn.2d at 
 Holding statements: (A) recognizing that coverage could be triggered by need to prevent imminent contamination of groundwater (B) recognizing that watershed isolation or acquisition serves to prevent and control water contamination (C) holding that article x  2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially (D) recognizing that water retained within a watershed is susceptible to multiple use because all water uses are not consumptive uses (E) holding authority to control limits duty to control
answer:
recognizing that coverage could be triggered by need to prevent imminent contamination of groundwater


question:
first, Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009), we will begin with the question whether the troopers violated Quick’s Fourth Amendment rights. A The Fourth Amendment safeguards “[t]he right of the people to be secure in their persons ... against unreasonable ... seizures.” To prevail on a Fourth Amendment excessive-force claim, a plaintiff must show that a seizure occurred and that it was unreasonable under the circumstances. Brower v. County of Inyo, 489 U.S. 593, 599, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989); Graham v. Connor, 490 U.S. 386, 395-96, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). There is no dispute that the troopers “seized” Quick when they shot and killed him. See Tennessee v. Garner, 471 U.S. 1, 7, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985) (<HOLDING>). The question, instead, is whether the seizure 
 Holding statements: (A) holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded (B) holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon (C) holding that apprehension by the use of deadly force is a seizure (D) holding the time frame is crucial and evaluating reasonableness of officers use of deadly force at the time of the seizure irrespective of their prior unreasonable conduct in creating the circumstances (E) holding the use of deadly force standing alone does not constitute a seizure and absent an actual physical restraint or physical seizure the alleged unreasonableness of the officers conduct cannot serve as a basis for a  1983 cause of action
answer:

holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded