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:
relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of  presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action
answer:
holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion


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:
that they were not. See Oates, 698 P.2d at 816 (government-installed beeper in a 110 Ib. drum of phenyl-acetic acid purchased from a chemical company was a search under Colorado Constitution); Sporleder, 666 P.2d at 139-40 (governmental installation of a pen register is a search under Colorado Constitution); Charnes v. DiGiacomo, 200 Colo. 94, 98-99, 612 P.2d 1117, 1120-21 (1980)(governmental seizure of bank ree-ords violated the Colorado Constitution). Article II, Section 7 of the Colorado Constitution applies to the case before us. We therefore distinguish Place, and our recent ruling in People v. Ortega, 34 P.3d 986, 2001 Colo. LEXIS 783 (Colo.2001), both of which were decided under the Fourth Amendment and did not involve a prolonged traffic stop without reasonable suspicion (<HOLDING>); People v. Unruh, 713 P.2d 370, 377-78 
 Holding statements: (A) holding that a dog sniff of a federal express package was a search (B) holding that a dog sniff search of a safe taken by a burglar from the defendants home was a search (C) holding that a dog sniff during a legitimate traffic stop does not constitute a search because there is no expectation of privacy in contraband and a dog sniff does not violate any privacy interest (D) holding a dog sniff outside the defendants front door was not a fourth amendment search (E) holding that dog sniff of dryer vent of house was not a search
answer:

holding that a dog sniff search of a safe taken by a burglar from the defendants home was a search