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.

Ex Input:
assault conviction. See Ohio Rev.Code § 3319.39(B). Further, Plaintiffs understanding of the nature of the choice he was required to make is demonstrated by the fact that he discussed the choices with his union representatives' — the President and Vice President of his local union and the President of the Central Ohio union — and discussed the choice with a teacher at Ft. Hayes High School. See Harris, 2008 WL 4186316, *8, 2008 U.S. Dist. LEXIS 86385, at *20 (finding that the plaintiff “fully understood the options as he testified that he discussed them with his wife and union steward”). Also, Plaintiff was given a reasonable amount of time to choose between termination and resignation as he was given approximately twenty-four hours in which to decide. See Rhoads, 103 Fed.Appx. at 895 (<HOLDING>); Harris, 2008 WL 4186316, *8, 2008 U.S. Dist. 
 Holding statements: (A) holding that extremely tight handcuffing for nearly fourteen hours that left indentations in plaintiffs arms for over six hours did not amount to excessive force (B) holding that a difference of opinion about the best course of medical treatment does not amount to deliberate indifference (C) holding that a plan administrators decision to deny benefits was arbitrary and capricious even though an attending physician had submitted a form stating the plaintiff could sit for six hours stand for two hours and walk for two hours (D) holding that seven hours was a reasonable amount of time to deliberate meaningfully about the choice (E) holding that delay of several hours after the vehicle was seized was reasonable

Ex Output:
holding that extremely tight handcuffing for nearly fourteen hours that left indentations in plaintiffs arms for over six hours did not amount to excessive force


Ex Input:
cap in determining the amount of benefits another person was able to receive. Id. at 615. Although in Parisi, the child was suffering from the technical entitlement, the case stands for the proposition that a technical entitlement of zero should be counted as zero when computing family máximums. Considering that the purpose of the family maximum is to set a maximum that can be given from one wage earner’s account, Parisi complies with this purpose. IV. BY CITING PARISI, HAS PLAINTIFF RAISED A NEW ISSUE THAT IS NOT PROPERLY INCLUDED IN THIS JUDICIAL REVIEW? “[I]f petitioner wishes to preserve an issue for appeal, he must first raise it in the proper administrative forum_” Tejeda-Mata v. INS, 626 F.2d 721, 726 (9th Cir.1980); See Chung Young Chew v. Boyd, 309 F.2d 857, 861 (9th Cir.1962) (<HOLDING>). Yet, in Tejeda-Mata the court held this “in 
 Holding statements: (A) recognizing that failure to observe the required process deprives the court of jurisdiction (B) holding that the court lacked jurisdiction over the petition for review because the aliens did not appeal the ijs denial of their motion to reopen to the board resulting in failure to exhaust their administrative remedies (C) holding that partys failure to file a timely internal administrative appeal as required by regulations of the department of agriculture constituted failure to exhaust administrative remedies and precluded judicial action (D) recognizing that failure by state to provide the required certification deprives appeals court of jurisdiction over appeal (E) holding that failure to take available appeal to board of immigration appeals constitutes failure to exhaust administrative remedies and deprives the court of appeals of jurisdiction to review

Ex Output:
recognizing that failure to observe the required process deprives the court of jurisdiction


Ex Input:
Ill We AFFIRM the district court’s order dismissing plaintiffs’ claims. 1 . The plaintiff-appellants also purport to challenge the district court's denial of limited jurisdictional discovery. However, the argument in their opening brief contains no discussion of the discovery ruling apart from a few statements suggesting dissatisfaction with it. See Aplt. Br. at 8 (“The Trial Court erred in dismissing the case ... without permitting any discovery as to the true nature and identity of SCTC.”); id. at 16 (suggesting that the case could be remanded to the district court for further factual development). Plaintiffs have therefore waived this issue through their failure to adequately address it in their opening brief. Cf. United States v. Beckstead, 500 F.3d 1154, 1164-65 (10th Cir.2007) (<HOLDING>); Christian Heritage Acad. v. Okla. Secondary 
 Holding statements: (A) holding that appellant waived issue by failing to raise it in opening brief (B) holding issue waived when discussion of it in the opening brief was limited to two section headings a single sentence in the briefs summary and two phrases in arguments otherwise challenging a separate issue (C) holding that arguments not raised in the opening brief are waived (D) holding that the failure to raise an issue in the opening brief waives the issue (E) holding that a partys failure to raise an issue in the opening brief waived the issue even though the party raised the issue in his reply brief

Ex Output:

holding that appellant waived issue by failing to raise it in opening brief