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.

(9th Cir.2003) (<HOLDING>).' Amara's remaining contentions are
Holding statements: (A) holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice (B) recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust (C) holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice (D) holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking (E) holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter
(A)

... clearly does not rise to the level of constitutional error when the failure was correct as a matter of state law." 593 F.2d at 267. He noted also that "the highest court of Kentucky expressly held that the state trial court did not err in refusing to give the requested lesser included offense instruction." I do not find any error in this conclusion. Shortly after this court decided Pilon, however, the Supreme Court invalidated on due process grounds an Alabama law which forbade the jury to consider a verdict of guilt of a lesser included offense in a capital case when the evidence would have supported such a verdict. Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980). See also Hopper v. Evans, 456 U.S. 605, 611, 102 S.Ct. 2049, 2052, 72 L.Ed.2d 367 (1982) (<HOLDING>). Beck was concerned with imposition of the
Holding statements: (A) holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction (B) holding that beck requires that a lesser included offense instruction be given when the evidence warrants such an instruction as a matter of due process in a capital case (C) holding that due process does not require a lesser included offense instruction of manslaughter where not requested (D) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (E) holding that a lesser included offense instruction might be constitutionally required in capital cases because of their unique nature
(B)

that he did not pull his arm away or do anything that would lead Sergeant Palmer to conclude that he was not complying with the arrest. (Doc. 38-2, p. 84). More importantly, once Mr. Scott was on the ground and Sergeant Palmer was on top of him with one arm cuffed behind Mr. Scott, there was no reason for Sergeant Palmer to continue to hit Mr. Scott in the back and press his head into the ground. An arrestee's right to be free from this level of force during an arrest is clearly established; no reasonable officer with the information available to Sergeant Palmer could have believed that the amount of force that Sergeant Palmer used to arrest Mr. Scott was constitutionally permissible. Post v. City of Fort Lauderdale, 7 F.3d 1552, 1559 (11th Cir. 1993); see Hadley, 526 F.3d at 1334 (<HOLDING>). Although the non-resisting plaintiffs in
Holding statements: (A) holding that the right to be free from the use of excessive force has been well established since 1976 (B) holding that arrest warrant can support entry into suspects residence when there is reason to believe the suspect is within (C) holding that a reasonable officer would have known that repeatedly punching kicking and stomping a subdued individual violated the clearly established constitutional right not to be subjected to excessive force during arrest (D) holding that punching a nonresisting criminal suspect for no apparent reason other than malice was a violation of the suspects clearly established right to be free from excessive force during an arrest (E) holding that in excessive force cases the threshold question for the court is whether the officers conduct violated a clearly established constitutional right
(D)