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.
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Question: are complete and present within the proscribed state statute of limitations. Id. at 393-94, 127 S.Ct. 1091. Plaintiff argues that because Wallace dealt with a false arrest and not a search and seizure, its analysis is inapplicable. (D.E. 8, Plaintiffs Response). However, the general rule of Wallace soundly applies to a search and seizure scenario, as noted by the Sixth Circuit and several Kentucky district courts. See Harper, 293 Fed. Appx. at 391 n. 1 (“Wallace also clarified that Heck does not delay the accrual of an otherwise complete and present cause of action when judgment in the plaintiffs favor ‘would impugn an anticipated future conviction .... ’ Harper’s claims thus accrued on July 31, 2003, the date of the alleged illegal search and seizure.”); Kenney, 2011 WL 1582125 at *6 (<HOLDING>); Lovins v. Hurt, No. 11-216-JBC, 2011 WL 
 Holding statements: (A) holding that a plaintiffs  1983 claim accrued on the date of the alleged illegal search and seizure (B) holding that a ruling on preindictment motion that search and seizure were legal collaterally estopped defendant from later moving to suppress evidence claiming that search and seizure were illegal (C) holding that section 1983 action for unlawful search and seizure accrued on dates of seizures rather than date on which state court declared the acts illegal (D) holding that the plaintiffs cause of action accrued on the date of the repealer statute not on the date the wrong occurred despite the federal courts ruling as to the statutes unconstitutionality (E) holding that the cause of action accrued on the date of sale

Answer: (A)


Question: claimant was injured while exiting an elevator in a parking garage which was not owned or maintained by her employer. However, the claimant’s employer instructed her to park in certain designated spaces which it leased in the garage. Because the employer leased the parking spaces from the garage operator and presumably could pressure the garage operator to keep the facility in a safe condition, Pierson held that there was “sufficient indicia of em ployer control to support the ... conclusion that the [employer] should be responsible for the effects of an injury to an employee which occurred in the garage.” 987 S.W.2d at 318. Since the claimant was utilizing a reasonable means to walk from her parking space to her employer when she fell, she zona, 142 Ariz. 501, 690 P.2d 802 (App.1984)(<HOLDING>); Larson’s Workers’ Compensation Law, § 
 Holding statements: (A) holding that the public use exception was not applicable because the injury to the tenants employee occurred in an area of the leased premises that was not open to the public but was used only by employees (B) holding that injury in a parking lot did not occur on a covered situs (C) holding that claimant was entitled to workers compensation because he was injured in a parking lot which was leased by his employer (D) holding that an injury occurring in a parking lot which was leased but not controlled by an employer was compensable because the employer instructed its employees to park in that lot (E) holding landowner had duty to provide security in parking lot to protect its invitees from criminal acts of third parties

Answer: (D)


Question: of the transaction or upon the sale of the property, whichever occurs first, notwithstanding the fact that the information and forms required under this section or any other disclosures required under this part have not been delivered to the obligor.” 15 U.S.C. § 1635(f); see also 12 C.F.R. § 226.23(a)(3) (“If the required notice or material disclosures are not delivered, the right to rescind shall expire 3 years after consummation, upon transfer of all of the consumer’s interest in the property, or upon sale of the property, whichever occurs first.”). Because plaintiff commenced the instant action more than three years after signing his loan documents, his TILA rescission claim is time-barred. Beach v. Ocwen Federal Bank, 523 U.S. 410, 412, 118 S.Ct. 1408, 140 L.Ed.2d 566 (1998) (<HOLDING>); Miguel v. Country Funding Corp., 309 F.3d 
 Holding statements: (A) recognizing that a claim under mcl 6002932 includes all actions to decide interests in land even when the claim involves fraud or rescission and holding that the 15year period of limitations applies to such an action rather than the shorter periods applicable to typical claims for fraud and rescission (B) holding that absent a collective bargaining agreement which extends the employment period past the end of a particular voyage a seaman is entitled to unearned wages until the end of the voyage (C) holding that   1635f completely extinguishes the right of rescission at the end of the 3year period (D) holding that the disqualification order is an issue completely independent of the merits of the action (E) holding elements of rescission are 1

Answer:
(C)