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.

Q: by Ankeny should arise rarely and therefore would be unlikely to produce a swarm of cases involving excessive force searches. Also, officials and courts are far more competent to discern which extraordinary tactics constitute excessive force than to determine in the heat of the moment "what constituted] a reasonable wait time in a particular case" before entering' usually a matter of calculating, wholly subjectively the appropriate number of seconds. Id. at 2166 (internal quotations and citations omitted). In fact, without any difficulty, we have in the past in a case remarkably similar to the one before us struck down, as constituting excessive force, specific tactics such as the ones used in the case before us. See, e.g., Boyd v. Benton County, 374 F.3d 773, 779 (9th Cir.2004) (<HOLDING>). Finally, on the cost side, the
Holding statements: (A) holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim (B) holding officers punch of an inmate was not excessive force (C) holding that ordering police officers to use excessive force in bringing a lawyer into court was a judicial act (D) recognizing that the fourth amendment protects against the use of excessive force by police officers in carrying out an arrest (E) holding that officers had employed constitutionally excessive force by blindly throwing a flash bang grenade into an apartment occupied by five to eight individuals

A: holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim
****
Q: purpose of this Memorandum is to explain why the Court declined to do these things. As disclosed by plaintiff in its ex parte motion, the sale of decoding devices like those defendants are claimed to have offered and sold is prohibited by federal criminal statute, see 47 U.S.C. 553(b), as well as by Illinois criminal statute, see 720 ILCS 5/16-10(a)(4). Under the circumstances, information disclosing defendants' purchases and sales of the devices, the revenues obtained from those sales, the assets they now have that may have been derived from those sales, and the locations where they keep their records and other descrambling devices is, without question, information that might tend to incriminate the defendants. See, e.g., FTC v. H.N. Singer, Inc., 668 F.2d 1107, 1114 (9th Cir.1982) (<HOLDING>); SEC v. Rehtorik, 755 F.Supp. 1018, 1019
Holding statements: (A) holding that the fifth amendment did not apply to tribal government (B) holding the same with respect to violations of the fifth amendment (C) holding that abrogating the right to sell endangered eagles feathers did not implicate the fifth amendment (D) holding that the statement ill take the fifth was an assertion of the fifth amendment privilege (E) recognizing that preliminary injunction requiring defendant to disclose records might implicate fifth amendment

A: holding that the fifth amendment did not apply to tribal government
****
Q: This Court has recognized that "courts will not hold conduct to constitute a nuisance where authority therefor exists by virtue of legislative enactment." Smith v. Tenn. Valley Auth., 436 F.Supp. 151, 154 (E.D.Tenn.1977); accord N.C. ex rel. Cooper v. Tenn. Valley Auth., 615 F.3d 291, 309-10 (4th Cir.2010) (operation of TVA power plants under permits required by Congress and the EPA cannot be deemed a public nuisance). Here, the TVA Act authorizes TVA to acquire and construct transmission lines and distribute electric power, and affords TVA those powers that may be necessary or appropriate to exercise that right. See 16 U.S.C. 831c(g)-(j), 831d(i); see also 16 U.S.C. 831k, 831x. Thus, the conduct complained of in the complaint cannot constitute a public nuisance. Accord id. (<HOLDING>); Morris v. Tenn. Valley Auth., 345 F.Supp.
Holding statements: (A) holding that it is the legislative authority of the union that must make an act a crime (B) holding ordinary and necessary concomitants to operating railroad terminal authorized by specific grant of legislative franchise not nuisance (C) holding that to negate coverage under an exclusion insurer must show that its construction is the only construction that could fairly be placed thereon (D) holding that substantive criminal statute could not be applied retrospectively because there was nothing in the language or the legislative history that was a clear and unequivocal expression of legislative intent to rebut presumption of prospective application only (E) holding that the construction of a hydroelectric generating facility could not constitute a nuisance because it was being constructed under legislative authority

A:
holding that it is the legislative authority of the union that must make an act a crime
****