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.

Input: Consider Input: County Reg’l Planning Comm’n v. Hamilton Ban zure beyond its lawful duration, such theft violates the Fourth Amendment. See Nelson v. Streeter, 16 F.3d 145, 151 (7th Cir.1994). The remaining question is whether Colaprete’s Fourth Amendment right against having his property converted following a search was clearly established when the alleged conversion occurred. The Seventh Circuit has held that the existence of this right is “[s]o obvious ... that we do not think the absence of case law can establish a defense of immunity.” Id. We respectfully disagree. This court has never applied the Fourth Amendment in this manner, and Supreme Court precedent tilts slightly against the existence of any constitutional right against theft during the course of a search. See Hudson, 468 U.S. at 533(<HOLDING>). Moreover, the Sixth Circuit has held that the 
 Holding statements: (A) holding postdeprivation remedy is adequate even when deprivation was intentional (B) holding that doctrine does not violate due process (C) holding that theft by prison guards does not violate due process when postdeprivation remedy exists (D) holding that deprivation of property does not violate due process if a meaningful postdeprivation remedy is available and explaining that state tort actions are meaningful postdeprivation remedies (E) holding that a prison guards intentional destruction of a prisoners possessions did not give rise to a federal due process claim because state law provided an adequate postdeprivation tort remedy

Output: holding postdeprivation remedy is adequate even when deprivation was intentional


Input: Consider Input: Chief Judge: The appellant, Craig G. Falk, appeals from a July 8, 1996, Board of Veterans’ Appeals (BVA or Board) decision denying his claim service connection for post-traumatic stress disorder (PTSD). As the appellant has limited his appeal to the denial of that claim, the Court deems the appellant to have abandoned his right to appeal with respect to the denial of entitlement to benefits under 38 U.S.C. § 1151. Bucklinger v. Brown, 5 Vet.App. 435, 436 (1993); see also Carbino v. West, 168 F.3d 32, 34-35 (Fed.Cir.1999) (<HOLDING>). Upon consideration of the pleadings of the 
 Holding statements: (A) holding that an issue not presented to the trial court will not be considered on appeal (B) holding that issues not presented in an appellants initial brief to the court need not be considered under this courts rules (C) holding that claims not raised in an appellants initial brief to our court are waived (D) holding that issues not raised in an appellants initial brief are deemed abandoned (E) holding an appellant may not use the reply brief to argue issues not argued in the initial brief

Output: holding that an issue not presented to the trial court will not be considered on appeal


Input: Consider Input: 704(a); see also United States v. Wantuch, 525 F.3d 505, 513 (7th Cir.2008). But this rule “does not lower the bars so as to admit all opinions.” Fed.R.Evid. 704 advisory committee’s note. The evidence must be otherwise admissible as lay testimony under Rule 701, United States v. Baskes, 649 F.2d 471, 478-79 (7th Cir.1980), or expert testimony under Rule 702, United States v. Scavo, 593 F.2d 837, 844 (8th Cir.1979). Most importantly for our purposes, the testimony must be helpful to the trier of fact under either rule. Fed.R.Evid. 704 advisory committee’s note; see also Fed.R.Evid. 701(b), 702. We have held repeatedly that lay testimony offering a legal conclusion is inadmissible because it is not helpful to the jury, as required by Rule 701(b). See, e.g., Wantuch, 525 F.3d at 514 (<HOLDING>); United States v. Espino, 32 F.3d 253, 257 
 Holding statements: (A) holding that the timing of the alleged actions of the prosecutor supported the courts conclusion that the prosecutors actions were associated with the judicial phase of the criminal process instead of the investigatory phase because the conduct occurred one month before plaintiffs trial and more than five years after the grand jury indicted plaintiff (B) holding that the question of whether the defendant knew his actions were legal demanded a conclusion as to the legality of the defendants conduct which is unhelpful to the jury under rule 701 (C) holding that the relevant question in imposing restitution under the mvra is whether the loss is caused by the specific conduct that is the basis of the offense of conviction (D) holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury (E) holding that it is error to conduct most of the jury selection process in the absence of the defendant


Output: holding that the timing of the alleged actions of the prosecutor supported the courts conclusion that the prosecutors actions were associated with the judicial phase of the criminal process instead of the investigatory phase because the conduct occurred one month before plaintiffs trial and more than five years after the grand jury indicted plaintiff