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
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Q: likely causes of the engine failure are related to components of the oil delivery system, components of the cylinder assembly, cracked crankcase or an oil leak in general, etc." As such, the Court finds that Mr. Klepacki's opinion regarding the more likely causes of engine failure should be excluded. Plaintiffs Expert Donald Sommer Even assuming, without deciding, that Mr. Sommer is qualified to testify as an expert on piloting and accident reconstruction, including engine failure analysis, the Court must still find that the process he used in forming his expert opinion is suffi ciently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc., 326 F.3d at 1342 (stating that "one may be considered an expert but still offer unreliable testimony"); cf. McCorvey, 298 F.3d at 1257 (<HOLDING>). The Court must also find that the testimony
Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (C) holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge (E) holding that rjulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology

A: holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial
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Q: does not violate the Equal Terms Provision if it is narrowly tailored to further a compelling government interest. Other circuits, by contrast, require that a comparator be "similarly situated" to the plaintiff religious assembly or institution with regard to the regulation at issue or to its purpose. For instance, the Third Circuit restricts comparison to "secular assemblies or institutions that are similarly situated [to the religious assembly] as to the regulatory purpose." Lighthouse Inst. for Evangelism, Inc. v. City of Long Branch, 510 F.3d 253, 266 (3d Cir.2007). The Second Circuit compares the plaintiff religious assembly to a nonreligious assembly "similarly situated for all functional intents and purposes of the regulation." Elijah Grp., Inc. v. C p. 581 (S.D.N.Y.1982) (<HOLDING>). Ill Do TOL Christian Schools and the
Holding statements: (A) holding the standard of proof in summary judgment rulings is the same as it would be at trial (B) holding that where defendants assertion depends on proof to be offered at trial summary judgment is inappropriate (C) holding that an unsworn letter is not proper summary judgment proof (D) holding that trial court may not grant summary judgment by default when the movants summary judgment proof is legally insufficient (E) holding summary judgment inappropriate to resolve an essentially procedural conflict

A:
holding the standard of proof in summary judgment rulings is the same as it would be at trial
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