With no explanation, chose the best option from "A", "B", "C" or "D". that the district court’s limitation of wrongful death damages and Kane’s subsequent choice to voluntarily abandon his attempt to seek damages for Cornish’s emotional distress left nothing further for the district court to do. We disagree. Rather, we find that Kane’s voluntary abandonment of the other “claims” in his complaint merely foreclosed the possibility of his recovering a certain type of damages. The question that will determine liability — whether the officers knocked and announced prior to entering Cornish’s apartment — is still live. Further, if this question is resolved in Kane’s favor, he will be able to recover nominal damages under § 1983 for the violation of Cornish’s constitutional rights. See Carey v. Piphus, 435 U.S. 247, 266, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978) (<HOLDING>). As such, a jury must resolve this factual

A: holding that the right to nominal damages for eighth amendment violations can be waived if such damages are not timely requested
B: holding that under  1983 violations of constitutional rights are actionable for nominal damages without proof of actual injury
C: recognizing availability of nominal damages for violations of constitutional rights notwithstanding statutory bar in prison litigation  reform act 42 usc  1997ee
D: holding that nominal damages are appropriate for deprivations of constitutional rights that do not result in actual injury
B.