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.

Q: 375 F.3d 1341 (Fed.Cir.2004). Since, as we explain below, sufficient evidence supports the jury’s verdict, we need not consider whether the District’s failure to move for judgment as a matter of law at the close of its own case (as opposed to at the close of Smith’s case) further limits our review “to considering whether the verdict is so unsupported by the evidence that allowing it to stand would constitute a manifest miscarriage of justice,” Fredrick, 254 F.3d at 162. The District presents two fact-based challenges to the jury’s verdict. First, it argues that the jury could not have reasonably concluded that the District had a deliberately indifferent policy or custom under Monell v. New York City Department of Social Services, 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (<HOLDING>). Second, it claims that even had such a policy 
 Holding statements: (A) holding that discrimination against a municipal employee could trigger municipal liability under  1983 through official policy or custom (B) holding that county liability under  1983 cannot rest on a theory of respondeat superior (C) holding that conditionsofconfinement claims must be brought in 42 usc  1983 civil rights complaint rather than in habeas petition (D) recognizing respondeat superior liability (E) holding that municipal liability for purposes of claims brought under 42 usc  1983 must stem from an unconstitutional policy or custom rather than simply from respondeat superior

A: holding that discrimination against a municipal employee could trigger municipal liability under  1983 through official policy or custom
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Q: such entities from exercising their right of eminent domain. We disagree. The statute unambiguously prohibits any curtailment or limitation of an FmHA-indebted water association’s services resulting from municipal annexation or inclusion. This language indicates a congressional mandate that local governments not encroach upon the services provided by such associations, be that encroachment in the form of competing franchises, new or additional permit requirements, or similar means. To read a loophole into this absolute prohibition, as Madison would have us do, and allow a city to do via condemnation what it is forbidden by other means, would render nugatory the clear purpose of § 1926(b). See Moore Bayou Water Association, Inc. v. Town of Jonestown, 628 F.Supp. 1367 (N.D.Miss.1986) (<HOLDING>). Madison contends that this construction of 
 Holding statements: (A) holding that  1926b prohibited munici pality from using its annexation of territory within rural water district as springboard for providing its own water service to residents (B) holding that until the state issues a certificate of appropriation any right to use the water remains inchoate (C) holding that village could not condition provision of water services on annexation where prospective customer was within a rural water associations service area and the water association was federally indebted (D) holding municipal condemnation of water associations facilities and certificate violative of  1926b (E) holding that because exclusion was not provided to certificate holder terms of the certificate controlled

A: holding that  1926b prohibited munici pality from using its annexation of territory within rural water district as springboard for providing its own water service to residents
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Q: that Rojas was an alien who was deported or removed from the United States and was subsequently found in the United States without authorization. The indictment does not rely on a particular removal for the § 1326(a) charge, and at trial the government introduced and relied on evidence of Rojas’s 1997 removal order as well as the April 2010 removal to prove the elements of the § 1326(a) charge. Because the government relied on removals other than the April 2010 removal to support its case, we reject Rojas’s argument that the court erred in not dismissing the § 1326(a) charge in the indictment. 2 We must still consider, however, whether the district court erred in not dismissing the § 1326(b) charge in the indictment. See United States v. W.R. Grace, 504 F.3d 745, 751 (9th Cir.2007) (<HOLDING>). In order to subject a defendant to § 
 Holding statements: (A) holding that an indictment could not be dismissed based on claim that testimony was hearsay and incompetent (B) holding that if the federal claims are dismissed before trial  the state claims should be dismissed as well (C) holding that an indictment gave sufficient notice when the indictment charged the elements of the offense (D) holding that a challenge to part b determinations in an order involving both part a and part b must begin in district court (E) recognizing that an indictment may be dismissed in part

A:
holding that an indictment could not be dismissed based on claim that testimony was hearsay and incompetent
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