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Question: unpublished decisions, “[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim.” Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether “there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation” in assessing whether the district court’s abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir. 
 Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits

Answer: holding that deliberate indifference to a serious medical need establishes an eighth amendment violation


Question: is minimized if officers exercise unquestioned command of the situation. Id., 129 S.Ct. at 786-87. Here, evidence supports the district court’s finding that Hollins’s behavior gave the police reasonable suspicion to believe that Hollins was armed and dangerous when they searched him. First, Hollins repeatedly refused to follow instructions to keep his hands in plain view, and he would slide his hands toward his waist while he was seated in the vehicle. Nervous, evasive behavior, which Hollins exhibited, is one of several factors which may be pertinent in determining reasonable suspicion. See United States v. Gordon, 231 F.3d 750, 756 (11th Cir.2000). Second, Hollins repeatedly refused to obey an officer’s instruction to exit the vehicle. See Maryland, 519 U.S. at 410, 117 S.Ct. at 884 (<HOLDING>). Third, Hollins repeatedly disregarded an 
 Holding statements: (A) holding that police officer may order passengers to remain in vehicle with hands up during traffic stop (B) holding that it is permissible for an officer to order the occupants out of a vehicle during a lawful stop (C) holding an officer may order a passenger to get out of a car during a traffic stop and may frisk a passenger for weapons if the officer reasonably suspects the passenger is armed and dangerous (D) holding that an officer may order a passenger out of a vehicle during a stop for a traffic infraction (E) holding that a traffic stop is reasonable under the fourth amendment when police have probable cause to believe a traffic infraction has occurred

Answer: holding that police officer may order passengers to remain in vehicle with hands up during traffic stop


Question: 789 F.3d 335, 341 (4th Cir. 2015). In Doctor, the Fourth Circuit held that South Carolina strong arm robbery categorically falls under the ACCA’s force clause and thus still constitutes a violent felony even after Johnson. 842 F.3d at 312. Courts’ interpretations of the ACCA’s violent-felony definition “apply with equal force” to § 4B1.2(1)’s crime-of-violence definition. United States v. Jarmon, 596 F.3d 228, 231 n.* (4th Cir. 2010). South Carolina strong arm robbery is a lesser-included offense of armed robbery. State v. Scipio, 283 S.C. 124, 322 S.E.2d 15, 16 (1984). As that lesser-included offense is categorically a crime of violence under the force clause, “it necessarily follows” that armed robbery is, too. Cf. United States v. Chisolm, 579 Fed.Appx. 187, 195-96 (4th Cir. 2014) (<HOLDING>). So is South Carolina attempted armed robbery. 
 Holding statements: (A) holding that  215 is categorically a crime of violence for purposes of ussg  2l12 (B) holding that previous domestic violence finding did not have res judicata effect in proceeding to modify visitation because domestic violence and visitation modification proceedings are different causes of action (C) holding that battery under wyoming law did not necessarily qualify as a misdemeanor crime of domestic violence (D) holding that bank robbery by force and violence or intimidation under 18 usc  2113a is a crime of violence (E) holding south carolina crime of criminal domestic violence of a high and aggravated nature was categorically a crime of violence under ussg  4b121 because its lesserincluded offense criminal domestic violence fell entirely within  4b12ls force clause

Answer:
holding that  215 is categorically a crime of violence for purposes of ussg  2l12