TASK DEFINITION: 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.
PROBLEM: unpublished decisions, “[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim.” Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether “there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation” in assessing whether the district court’s abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir. 
 Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits

SOLUTION: holding that deliberate indifference to a serious medical need establishes an eighth amendment violation

PROBLEM: acts of sexual harassment by the plaintiffs co-workers, about which defendants’ supervisors neither knew nor should have known, does not give rise to a cognizable sexual harassment claim and will not revive an otherwise stale sexual harassment claim. See Doe v. R.R. Donnelley & Sons Co., 42 F.3d 439, 446 (7th Cir.1994) (“[Because no harassment event occurring during the violation period was ever brought to the attention of [the employer] while [the plaintiff] was still employed, there is no violation during the limitation period that can serve as the anchor for the earlier conduct.”). Additionally, the plaintiff cannot rely on the continuing violations doctrine, because there is no nexus between the conduct of the coworkers in 1994 and the earlier incidents going back to 1992. See Id. (<HOLDING>). Accordingly, there being no dispute as to 
 Holding statements: (A) holding that plaintiff has the burden to demonstrate some nexus between infringement and profits before apportionment can occur (B) holding plaintiff failed to demonstrate disparate treatment because she failed to show she was similarly situated to coworker to whom she compared herself (C) holding that the plaintiff could not rely on the continuing violations doctrine because she had failed to demonstrate a sufficiently close nexus between alleged touching incidents by a supervisor and the later conduct of fellow employees (D) holding that a constitutional claim against nongovernment entities only lies where there is a sufficiently close nexus between the state and the challenged action of the  entity so that the action of the latter may be fairly treated as that of the state itself (E) holding that plaintiff cook at a nursing home had sufficiently pled requisite public policy and a close fit where she alleged she was fired for expressing concerns that a fellow employee was contaminating the area where she was preparing food

SOLUTION: holding that plaintiff has the burden to demonstrate some nexus between infringement and profits before apportionment can occur

PROBLEM: an effort by the legislature to “set the metes and bounds of recovery rights in tort suits based on the sale or furnishing of intoxicants.” Fuhrman v. Total Petroleum, Inc., 398 N.W.2d 807, 808 (Iowa 1987) (emphasis added). In its current form, the statute is phrased in language particularly indicative of tort theory in that liability is based on service to a person when “the licensee ... knew or should have known the person was intoxicated” or “would become intoxicated.” See 57 Am.Jur.2d Negligence § 54 at 402 (1971) (“Fundamentally, the duty of a person to use care and his liability for negligence depend on the tendency of his acts under the circumstances as they are known or should be known to him.”). Historically, dram shop statutes were created to fill a void left empty at commo (<HOLDING>); see also Rinden, Judicial Prohibition? 
 Holding statements: (A) holding that defendants affirmative acts of driving minor to robbery helping minor enter the building and serving as a lookout for the minor warranted sentencing enhancement (B) holding a common law cause of action exists against a nonlicensee who furnishes alcohol to a minor in violation of iowa code section 12347 where the minor subsequently causes the plaintiffs injuries (C) holding that reasonable attorneys fees for the benefit of a minor in defending the minor against a criminal charge were necessaries (D) holding that an enhancement for distribution of child pornography to a minor was improper because the pornographic materials at issue were transmitted to an undercover law enforcement officer who was not a minor (E) holding in a case in which negligence was based on the illegal sale of alcohol to a minor in violation of iowa code section 12343 now section 12347 that proximate cause was an issue to be resolved by the finder of fact

SOLUTION:
holding that defendants affirmative acts of driving minor to robbery helping minor enter the building and serving as a lookout for the minor warranted sentencing enhancement