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.

Q: 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

A: (A)
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Q: was satisfied that protocols were followed after examining their case notes and the data collected. Further, Quartaro testified to the various safeguards Cellmark employed to protect against the risk of errors and to detect any such errors, if made. Accordingly, Quartaro could have been meaningfully cross-examined on the general and specific risks of error in forensic testing, whether the result of carelessness, incompetence, or fraud. See Boyd, 686 F.Supp.2d at 385 (finding no constitutional violation when only the DNA analyst who wrote the report, and not the intervening-testing analysts, testified because “the testifying expert was himself familiar with the[ ] intervening procedures and could be fully cross-examined as to their efficacy, accuracy, etc.”); Munoz, 958 N.E.2d at 1174 (<HOLDING>). Moreover, Quartaro certainly could have been 
 Holding statements: (A) holding that an expert opinion on a question of law is inadmissible (B) holding that a forensic accountant is an expert witness not a lay witness (C) holding that an expert who offers an independent opinion based on another analysts report can be meaningfully crossexamined on the general risk of error in forensic testing (D) recognizing that an advisory opinion is one that offers an opinion on a moot issue (E) holding that an administrative agencys decision may not be based upon inadmissible expert opinion

A: (C)
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Q: relief in all circumstances in which a judgment fails to conform to the statute. Under Fed.R.Civ.P. 60(b)(1), a court may relieve a party from a judgment that is based on “mistake, inadvertence, surprise, or excusable neglect,” but only on a motion made within one year of entry of the judgment. In the instant case, as the district court admitted and as seems readily apparent, the error was based on inadvertence. Thus, Rule 60(b)(1), with its one year time limitation, clearly applied. The district court attempted to circumvent the apparent harshness of the one year limitation by reading Rule 60(b)(6) as permitting nd Procedure § 2864 (1973). Therefore, because Rule 60(b)(1) plainly applied, and because the motion for relief came over one year after the entry of judgment h Cir.1959) (<HOLDING>). Finally, we adamantly reject appellees’ 
 Holding statements: (A) holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty (B) holding that once movant established right to summary judgment burden shifts to nonmovant to demonstrate otherwise (C) holding that in order for the movant to prevail on a summary judgment motion movant must either factually refute the affirmative defenses or establish that they are legally insufficient (D) holding that where interest was supposed to have run from the date of judgment but movant never asked for it and had accepted full payment of the judgment without it movant had forever waived his right to receive it (E) holding that in a traditional motion for summary judgment the burden shifts to the nonmovant to raise a fact issue after the movant has facially established its right to judgment as a matter of law

A:
(D)
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