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.

Example Input: 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
Example Output: 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

Example Input: motion at which Pritchett would be represented by counsel or at which the court would determine that Pritchett knowingly, intelligently, and voluntarily waived his right to counsel. Ex parte Pritchett, 117 So.3d at 362. In the instant case, the circuit court immediately appointed new counsel to represent Trimble after Trimble gave his oral notice of appeal. Despite having newly appointed counsel who could file a motion for a new trial attacking his trial counsel's alleged deficiencies, Trimble elected to file a pro se motion for a new trial. Therefore, unlike the defendant in Pritchett, Trimble had the benefit of newly appointed appellate counsel who represented him and who could file a motion for a new trial on his behalf. See King v. State, 613 So.2d 888 (Ala.Crim.App.1993)
Holding statements: (A) holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage (B) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver (C) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (D) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (E) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel
Example Output: holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage

Example Input: the Department, subject to its developed guidelines, "to make monetary deductions from inmate personal accounts for the purpose of collecting restitution or any other court-ordered obligation " 42 Pa.C.S. 9728(b)(5). This Court held that [t]he Legislature has hot provided an exception for gifts placed in an inmate's personal account, and it does not require the Department to account for the source of all funds in an inmate's personal account before making deductions. The personal account of an inmate may be derived from various sources, including wages, gifts and government benefits. The source of funds is of no moment. Danysh v. Dep't of Corr., 845 A.2d 260, 263 (Pa.Cmwlth.2004) (emphasis added), aff'd, 584 Pa. 122, 881 A.2d 1263 (2005). Moreover, althoug 552 A.2d 750 (1989) (<HOLDING>). Thus, because "Act 84 allows the Department
Holding statements: (A) holding that a plaintiff cannot assert a statutory claim for wages under the labor law if he has no enforceable contractual right to those wages (B) holding that discriminatory pay reduction under fair labor standards act does not constitute continuing violation (C) holding that a workfare participant is not an employee of a municipality for the purposes of workers compensation because participant neither received nor could have expected to receive remuneration or wages for the services that he performs (D) holding that inmate remuneration for prison labor does not constitute wages under section 8127 of the judicial code (E) holding that inmates have no constitutionally protected interest in the wages earned while in prison
Example Output:
holding that a plaintiff cannot assert a statutory claim for wages under the labor law if he has no enforceable contractual right to those wages