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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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:
(A)


question:
v. Allen, 615 F.3d 1122, 1136 (9th Cir.2010) (emphasizing the parsimonious nature of an effective EA) (quoting 40 C.F.R. § 1500.1(b)). The DOE has more than met its burden here. Accordingly, we find that the DOE’s discussion of the 2005 anthrax shipping incident in the DREA and the FREA satisfies NEPA. b. The “Restricted” Experiments We do not reach the issue of whether the DOE’s decision not to include information about “restricted” experiments in the FREA was arbitrary or capricious because the district court properly found that this argument was waived. Here, Tri-Valley CAREs did not address the district court’s ruling that the argument was deemed waived in its opening appellate bricf. Thus, the issue is not properly before us. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (<HOLDING>). Claims not made in an opening brief in a 
 Holding statements: (A) holding that arguments not raised by a party in its open ing brief are deemed waived (B) holding that arguments not raised in district court are waived (C) holding that arguments not raised before the trial court are waived (D) holding that arguments not raised in the opening brief are waived (E) holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived
answer:
(A)


question:
“reason ably infer” with respect to justifiable reliance, such an argument “cannot substitute for evidence of ‘justifiable reliance.’ ” Taylor, supra, 776 A.2d at 1220 (emphasis added). Here, appellants have not shown justifiable reliance in order to establish a special relationship. Despite their conclu-sory allegations to the contrary, appellants have failed to show that Allen acted or failed to act in any way, because of the presence of EMTs, PAT monitors, or any other safety personnel at the test. Indeed, a conclusion that there was a special relationship between Allen and the District, relying overwhelmingly on the fact that EMTs were present at the PAT, would be the impetus toward perverse incentives such as the avoidance of safety precautions. Cf. Varner, supra, 891 A.2d at 272 (<HOLDING>). Additionally, Allen’s decision to sign the 
 Holding statements: (A) holding that operational manuals do not establish standard of care because to hold otherwise would create the perverse incentive  to write manuals in such a manner as to impose minimal duties  in order to limit civil liability internal quotation marks omitted (B) recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted (C) holding that trial court retains wide latitude and considerable discretion to limit crossexamination internal quotation marks omitted (D) holding that the petitioner may not turn a clerical error into a windfall of rights it would not otherwise enjoy internal quotation marks omitted (E) holding that to establish a violation of due process an alien must show that she was denied a full and fair opportunity to present her claims internal quotation marks omitted
answer:

(A)