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.

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
holding that discrimination against a municipal employee could trigger municipal liability under  1983 through official policy or custom

face,” id. at 61, 90 S.Ct. 1555, it held that the exception for any portrayal that “does not tend to discredit [the] armed force[s]” impermissibly restricted expression on the basis of viewpoint. See id. at 62-63, 90 S.Ct. 1555. Here, as in Schacht, defendants may be constitutionally permitted to prohibit all fraternal organizations from marching in uniform. But it does not follow from this premise that defendants have the seemingly lesser included authority to ban only some organizations from marching in uniform. Under Schacht, and under other Supreme Court cases involving selective prohibitions on expression, defendants’ selectivity must itself pass constitutional muster. Cf. City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 425-28, 113 S.Ct. 1505, 123 L.Ed.2d 99 (1993) (<HOLDING>); Carey v. Brown, 447 U.S. 455, 465, 100 S.Ct. 
 Holding statements: (A) holding that cincinnati could not ban commercial newsracks from public property while allowing noncommercial newsracks even if  the city might entirely prohibit the use of newsracks on public property (B) holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content (C) holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property (D) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (E) holding not only does cincinnatis categorical ban on commercial newsracks place too much importance on the distinction between commercial and noncommercial speech but in this case the distinction bears no relationship whatsoever to the particular interests that the city has asserted
holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content

CURIAM. The Court has determined that this appeal is premature as it was taken from a non-final order. T.H. v. Dep’t of Children & Families, 736 So.2d 126 (Fla. 1st DCA 1999) (<HOLDING>). Accordingly, the appeal is dismissed without 
 Holding statements: (A) holding a judgment that reserved the issue of child support pending the mothers taking an examination  to obtain her nursing license to be nonfinal (B) holding order was nonfinal where order reserved jurisdiction to determine integrallyrelated visitation and child support issues (C) holding that an appellate court may not exercise pendent appellate jurisdiction to review a nonfinal district court order where the merits of the nonfinal order are not inextricably intertwined with the properly appealed collateral order or where review of the former is not necessary to ensure meaningful review of the latter (D) holding that without personal jurisdiction over one parent a court could still decide custody of a child living in the state but could not determine support and visitation (E) holding order improperly denied relators right to visitation with his child

holding a judgment that reserved the issue of child support pending the mothers taking an examination  to obtain her nursing license to be nonfinal