Detailed Instructions: 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.
Problem:over the area in common with a co-occupant who later objects to the use of evidence so obtained." Id. at 1518. The Court, however, also held that, as between a wife's consent to a search of the family residence and her husband's refusal to consent, "a physically present co-occupant's stated refusal to permit entry prevails, rendering the warrantless search unreasonable and invalid as to him." Id. at 1519. Comments, Model Civ. Jury Instr. 9th Cir. 9.13 (2007). 13 . See also Cal. Penal Code 3067(d) (in the context of parole searches, noting "[i]t is not the intent of the Legislature to authorize law enforcement officers to conduct searches for the sole purpose of harassment."). 14 . But see Owen v. City of Independence, 445 U.S. 622, 650-52, 657, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980) (<HOLDING>); see also Gibson v. Cty. of Washoe, Nev., 290
Holding statements: (A) holding that defendants are not entitled to qualified immunity (B) holding immunity from liability is not jurisdictional (C) recognizing a claim for civil liability against municipalities under 1983 (D) holding individual officers entitlement to qualified immunity does not immunize municipalities from monell liability (E) holding that qualified immunity is not merely immunity from damages but also immunity from suit
Solution:
holding that defendants are not entitled to qualified immunity