instruction:
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.
question:
to intervene" as a linguistic tool to highlight how little personal participation the defendant had in the arrest in that particular case. The passage shows how far below the required minimum level of involvement that particular defendant exhibited. Read in whole, Brown more accurately shows that personal participation in an arrest, or supervisory control over the arresting officer, is required in order to establish liability for unlawful arrest mere presence is not enough. However, even assuming Plaintiffs are correct, and that law enforcement officers have a duty to intervene in other officer's unlawful arrests, it cannot be said that the Canine Handlers or Alma Officers violated clearly established law in this case. See, e.g., Jones v. Cannon, 174 F.3d 1271, 1286 (11th Cir.1999) (<HOLDING>). The Canine Handlers and Alma Officers were
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 that an officer could be held liable for failing to intervene in preventing an unlawful strip search (C) holding that a military police officer was entitled to qualified immunity from an excessive force suit when he objectively reasonably believed that he used reasonable force (D) holding that while case law generally indicates that an officer can be held liable for failing to intervene in another officers use of excessive force the absence of authority from the supreme court or the eleventh circuit dealing with similar circumstances supported granting qualified immunity to a defendant (E) holding that a police officer was not liable for use of excessive force since 951 requirements were satisfied
answer:
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

question:
602 F.Supp. 859, 864 (D.N.J.1985); Tedesco v. U.S. Po esentation against the Government. 28 U.S.C. 2680(h). Further, the FTCA requires, as a jurisdictional prerequisite to adjudication in a federal court, all claims to first be brought before the appropriate agency-here, the USPS's Tort Claims Examiner. See 28 U.S.C. 2675(a). It is undisputed that Mr. Foster did not bring his claims to the USPS before initiating this suit. Thus, the district court correctly dismissed these claims for lack of subject matter jurisdiction. II Mr. Foster also challenges the district court's denial of his motion for reconsideration and its denial of sanctions against USPS. We review these determinations for abuse of discretion. Q-Pharma, Inc. v. Andrew Jergens Co., 360 F.3d 1295, 1299 (Fed.Cir.2004) (<HOLDING>); Gary v. The Braddock Cemetery, 517 F.3d 195,
Holding statements: (A) holding that a motion for rule 11 sanctions is dispositive (B) holding that state law provides the standard of review for a denial of a rule 50 motion in a diversity case (C) holding under third circuit law that denial of rule 11 sanctions is reviewed for abuse of discretion (D) holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions (E) holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit
answer:
holding that a motion for rule 11 sanctions is dispositive

question:
Id. The second approach, labeled "immediate offset," would establish a present value for the options and distribute that value in accordance with each party's marital proportion. Id. The third approach, which would serve to make the value of the options immaterial, would distribute the options themselves according to the parties' marital proportions. Id. The court in Fisher found the "deferred distribution" approach to be unavoidable because of the lack of a possible valuation for the unvested options and because the options could not be transferred. Id. at 1170. Here, the trial court imposed a constructive trust upon appellant to keep half of the options for appellee's benefit, expressly reserving jurisdiction to enforce the provisions of the trust. See Callahan, 361 A.2d at 564 (<HOLDING>). Both expert witnesses in this case testified
Holding statements: (A) holding that a constructive trust is imposed in order to prevent injustice and that such a trust may be imposed when the circumstances show that it would be inequitable for the holder of legal title to retain the property (B) holding that unvested stock options are a form of compensation and constituted marital property that could be distributed through use of a constructive trust (C) holding that the statute of limitations cannot bar appellants claim that a constructive trust should be imposed because a constructive trust is an equitable remedy and therefore not subject to the statute (D) holding that a constructive trust is appropriate in the case where transfer of the options would not be profitable possible or convenient (E) recognizing constructive trust as appropriate equitable remedy
answer:
holding that a constructive trust is imposed in order to prevent injustice and that such a trust may be imposed when the circumstances show that it would be inequitable for the holder of legal title to retain the property