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.

Input: Consider Input: an alcohol concentration of .22. The Commissioner of Public Safety revoked Gergen’s driving privileges, and the district court affirmed. ISSUES 1. Where a district court determines that a person arrested for driving while intoxicated did not make a good faith effort to contact an attorney, is the driver’s right to counsel vindicated even though the telephone provided by the arresting officer is blocked from dialing 800-numbers? 2. Did the police officer violate Minn.Stat. § 481.10? ANALYSIS I. A person arrested for driving while intoxicated (DWI) has a limited right to consult an attorney before deciding whether to submit to chemical testing, provided the consultation does not unreasonably delay the testing. Friedman v. Commissioner of Pub. Safety, 473 N.W.2d 828, 835 (Minn.1991) (<HOLDING>); see Minn. Const. art. I, § 6 (“In all 
 Holding statements: (A) holding that there is no constitutional right to refuse chemical testing under the implied consent law (B) holding that the implied consent warning given to the defendant was not misleading or coercive because the validity of the implied consent notice is not contingent upon other administrative aspects of ocga  405671 (C) holding that officers not required to give implied consent warnings where statute did not apply (D) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (E) holding that right to counsel under implied consent statute is limited because of the evanescent nature of alcohol

Output: (E)


Input: Consider Input: of the documents. In his report, Gage stated only that the witnesses could not recall whether or not Peng raised his fist, but that they saw Peng grab the documents from Mei Hu. Peng has submitted a declaration by C. Peng that neither he nor Mr. Chi ever told anyone anything about what happened. As the district court noted, Peng has not cast doubt on the fact that, prior to Peng’s arrest, Jonathan Hu, acting as interpreter, told Gage that the two witnesses saw Peng grab the documents from Mei Hu. Peng has cast doubt on the identity of the witnesses and the veracity of Jonathan Hu, but Gage could not have known this at the time of the arrest. We are satisfied that Gage made a reasonable investigation under the circumstances before he arrested Peng. See Fuller, 950 F.2d at 1442-44 (<HOLDING>). We conclude that the presence of a factual 
 Holding statements: (A) holding that police officers have a duty to conduct an investigation into the basis of the witness report (B) holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction (C) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (D) holding that an insurer has a duty to conduct an investigation reasonably appropriate under the circumstances (E) holding that witness statements in police report inadmissible

Output: (A)


Input: Consider Input: their employer, Toledo Hospital, was a “partner” with CSB. This conclusory contention has no merit in view of Ohio’s definition of a partnership: “ ‘Partnership’ means an association of two or more persons to carry on as co-owners a business for-profit formed under section 1776.22 of the Revised Code, a predecessor law, or a comparable law of another jurisdiction.” O.R.C. § 1776.0(M). I conclude that the allegations in the complaint fail adequately to plead that defendant doctors Tiffany A. Lisk, Susan P. Tourner, Jamie L. Dargart, and John Gregory Rosenthal were state actors. They are entitled to dismissal on that basis alone. B. Nothing Any Toledo Hospital Doctor Did “Shocks the Conscience” i. Plaintiffs’ Claim Plaintiffs’ complaint claims that the 016 WL 4491837, *4 (E.D. Ky.) (<HOLDING>). Where a complaint describes a defendant’s 
 Holding statements: (A) holding that a conclusory affidavit without supporting evidence is inadequate to establish net worth (B) holding that conclusory allegation of conspiracy without supporting factual averments insufficient to state claim (C) holding conclusory assertions of intent to cause insufficient without supporting facts (D) holding that vague conclusory statements are insufficient (E) holding that conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based citations omitted


Output: (C)