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.

as here, where officers were attempting to handcuff an individual who had been resistant. See Rodriguez v. Farrell, 294 F.3d 1276, 1278-79 (11th Cir.2002) (finding no excessive force, and noting that an officer need not credit an arrestee's claims of pain, especially when the arrestee is in the process of being handcuffed); Jackson v. City of Bremerton, 268 F.3d 646, 650-53 (9th Cir.2001) (finding no excessive force where plaintiff suffered a fractured finger after officer pushed plaintiff to the ground for purpose of handcuffing her despite being told of preexisting back and shoulder injuries, and where plaintiff had earlier posed a threat to officers' safety and ability to control a crowd); Huang v. Harris County, No. 00-20806, 2001 WL 822534, at *10 (5th Cir. June 22, 2001) (<HOLDING>); Brownell v. Figel, 950 F.2d 1285, 1288, 1293
Holding statements: (A) holding that force was reasonable where officer broke resisting arrestees thumb by twisting her wrist in an effort to prevent her from kicking him and place her in handcuffs (B) holding that conduct was sufficiently severe or pervasive where the female plaintiffs supervisor frequently tried to get plaintiff to date him using many direct as well as indirect propositions for sex including following her into the restroom repeated attempts to touch her breasts place his hands down her pants and pull off her pants and enlisting the assistance of others to hold her while he attempted to grope her (C) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (D) holding that allegations that employees supervisors yelled at her told her she was a poor manager and gave her poor evaluations chastised her in front of customers and once required her to work with an injured back were insufficient to state title vii claim (E) holding that relative to the threat that she posed physically separating tina cortez from her telephone taking her by the arm escorting her from her home taking the keys to her home and locking the door and placing her in the locked back seat of a patrol car was excessive force as well as an unlawful seizure under the fourth amendment
(A)

to preserve evidence exists between a third party and another in the absence of a special relationship, such as one created by contract or statute. Id. Under that analysis, this court will need to consider the primary purpose of the third-party here, Giant Eagle. (2) "Duty" of a third-party employer to its employee Pennsylvania courts have not directly considered whether the existence of an employer/employee relationship creates a duty on the part of a third-party employer to preserve evidence of a work-related accident for a potential products liability suit by an employee. Courts in other jurisdictions have held that there is no such duty. See Wilson v. Beloit Corp., 725 F.Supp. 1056, 1058 (W.D.Ark.1989); Panich v. Iron Wood Prods. Corp., 179 Mich.App. 136, 445 N.W.2d 795, 797 (1989) (<HOLDING>); Koplin v. Rosel Well Perforators, Inc., 241
Holding statements: (A) holding that neither common law nor workers disability compensation act imposed affirmative duty on employer to preserve evidence which might be used in employees thirdparty liability action (B) holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme (C) holding that thirdparty tortfeasor has right to contribution from employer up to amount of employers workers compensation liability (D) holding that prohibition may not be used to raise affirmative defense of workers compensation immunity (E) holding that no independent commonlaw duty exists on the part of an employer to preserve evidence for an employees potential civil action against third parties
(A)

See Fla. R. App, P. 9.030(b)(1)(A); Office of the Public Defender v. Lakicevic, 215 So.3d 112 (Fla. 3d DCA 2017) (treating an order denying the public defender's motion for a protective order from a third-party subpoena duces tecum for deposition as a final order reviewable on appeal, rather than via a petition for writ of certiora-ri). We consolidated Wadsworth's appeal with the two' petitions, and, because we are quashing the subject order, we dismiss, as moot, Wadsworth's appeal in case number '3D17-1527. We need not, and therefore do not, reach the perplexing issue of whether it is a better practice for a non-party to seek appellate, father than certiorari, review of a final discovery order, 7 .. see Marlin v. State Farm Auto. Ins. Co., 761 So.2d 380, 381 (Fla. 4th DCA 2000)
Holding statements: (A) holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured (B) holding that if counsel retained by an insurer acts as an investigator and not as an attorney then the communications between the insured and insurer are not privileged (C) holding in the context of an attorney malpractice suit an insurance company is not vicariously liable for the acts of the attorney it selects to defend the insured while the insurer selected the attorney to defend the insureds and controlled the ultimate decision to settle or defend under the policy there is nothing in the record to indicate the insurer had any control over the details of the litigation as it was being conducted by the the attorney (D) holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured (E) holding that an insurance policy providing that the insurance company would pay all reasonable expenses incurred by the insured at our request emphasis omitted did not establish an agreement that the insurer would cover attorney fees and costs to the insured in a declaratory action
(D)