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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Q: above, there is some risk that the jury, relying solely upon the definition of practice or custom in Model Instruction 9.4, would have thought it improper to consider such evidence at all. Consequently, we cannot conclude that it is more probable than not that the instructional error was harmless. Ill We hold that the District Court prejudicially erred in refusing to instruct the jury that, for purposes of proving a Monell claim, a custom or practice can be supported by evidence of repeated constitutional violations which went uninvestigated and for which the errant municipal officers went unpunished. We therefore vacate the judgment and remand for a new trial. VACATED AND REMANDED. 1 . See Monell v. Dep't of Soc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (<HOLDING>). 2 . The numbers for these instructions
Holding statements: (A) holding that a municipality may be sued as a person under 42 usc 1983 when the municipalitys policy or custom whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy inflicts a constitutional injury (B) holding that a municipality may not assert the defense of qualified immunity but may be held liable under 1983 only for a constitutional deprivation inflicted by the execution of a governments policy or custom whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy (C) holding that a defendant can only be sued in his official capacity under 1983 if he acted pursuant to an official policy or custom in causing the constitutional injury (D) holding that a local government may be held liable for its employees constitutional violation only when the employee is executing the governments policy or custom whether made by its lawmakers or by those whose edicts or acts may be fairly said to represent official policy (E) holding that a municipality may only be held liable under 1983 for a policy practice or custom
A:
(A)