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.
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Question: until they were "in close proximity." Lowe, 2014 WL 99452, at *3; see also Westport Ins. Corp. v. Bayer, 284 F.3d 489, 498 (3d Cir.2002) (according plain meaning to the district court's choice of language in affirming its "implicit" findings of fact). These findings control because they are not clearly erroneous. Rather, they are suppo a- suspect takes action that clearly indicates that he "does not yield" to the officers' show of authority. Hodari D., 499 U.S. at 626, 111 S.Ct. 1547. Action not passivity has been the touchstone of our an h Cir.2010) (noting that, "for a person who is moving, to 'yield' most sensibly means to stop"), or when a suspect makes suspicious motions consistent with reaching for a weapon, see United States v. Johnson, 212 F.3d 1313, 1316-17 (D.C.Cir.2000) (<HOLDING>). Unlike the suspects in those cases, Lowe
Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that a suspect did not submit to a show of authority when he made continued furtive gestures including shoving down motions that were suggestive of hiding or retrieving a gun (C) holding that a suspect who continued walking when approached by a police officer did not submit until physically restrained by the officer (D) holding that evidence of appellants prior gun possession was admissible in a homicide prosecution to show malice and intent possession of a gun without more is not wrongful conduct (E) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept

Answer: holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded

Question: facts underlying the charges for which the defendant had been acquitted were an "integral and natural part of an account of the [defendant's] crimef.]" The same cannot be said for the facts at issue here, which relate to a seizure that occurred on an entirely different occasion. For that reason, we do not find either Agee or Solomon directly relevant to the present controversy. As a result, we will first examine the challenged evidence in light of the principles traditionally employed in evaluating challenges to evidence admitted pursuant to N.C. Gen. Stat. 8C-1, Rule 404(b), which focus on the similarity between the prior incident and the incident that underlies the current charges against the defendant. See Dowling v. United States, 493 U.S. 342, 348, 107 L. Ed. 2d 708, 717 (1990) (<HOLDING>). To be sure, the events of 10 February 2005
Holding statements: (A) holding that collateral estoppel component of tire double jeopardy clause did not preclude government from introducing defendants prior acquittal at trial because government was presented with lower standard of proof in the later case (B) holding that the estoppel doctrine did not apply because unlike the situation in ashe v swenson the prior acquittal did not determine an ultimate issue in the present case (C) holding that a prior acquittal does not preclude the admission of evidence of a defendants other alleged crimes in a prosecution for the bank robbery on the basis of collateral estoppel principles because the prior acquittal did not determine an ultimate issue in the present case (D) holding that a criminal acquittal does not have collateral estoppel effect on a later civil forfeiture proceeding based on the same conduct (E) holding that there is no need for a formal motion for a judgment of acquittal in a bench trial because the plea of not guilty asks the court for a judgment of acquittal

Answer: holding that collateral estoppel component of tire double jeopardy clause did not preclude government from introducing defendants prior acquittal at trial because government was presented with lower standard of proof in the later case

Question: statements, if made, may open the nurse and Falkoff to charges of poor taste. They do not, by themselves, leave Falkoff liable for an alleged violation of plaintiffs constitutional rights. 4. Morton Hospital, Inc. Is Not Liable Plaintiff alleges that Morton Hospital, Inc. caused her injury by authorizing Falkoff to violate her Fourth Amendment rights through performance of an unconstitutional search. Even if the hospital's actions can be interpreted as an authorization, however, the hospital is entitled to summary judgment for reasons largely stated above. Plaintiff denies that she is seeking to hold the hospital liable on a theory of respondeat superior. PI. Opp. at 7 (#45). Indeed, it seems unlikely that such a theory is viable under current law. See Duncan, 844 F.2d at 1268 n. 10 (<HOLDING>); DeVargas, 844 F.2d at 723 (same). Plaintiff's
Holding statements: (A) holding monell claim fails as a matter of law unless a city employees conduct violates one of the plaintiffs federal rights (B) holding that in order to show municipal liability for an officers actions under monell v dept of soc servs 436 us 658 694 98 sct 2018 56 led2d 611 1978 a plaintiff must demonstrate one of the following 1 (C) recognizing the restrictive holding of butz v economou 438 us 478 98 sct 2894 57 led2d 895 1978 as applicable only to actions amounting to constitutional violations (D) holding that monell v new york city dept of social services 436 us 658 69093 98 sct 2018 203537 56 led2d 611 1978 eliminated respondeat superior liability for private corporations as well as municipalities (E) holding that financial concerns provide rational basis for congress to exclude puerto rican residents from social security system citing califano v torres 435 us 1 5 98 sct 906 55 led2d 65 1978

Answer:
holding monell claim fails as a matter of law unless a city employees conduct violates one of the plaintiffs federal rights