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: where the-plaintiff seeks to subject private parties to § 1983 liability by bestowing on them the title of state actors. The instant case does not involve a situation where the State has “ ‘so far insinuated itself into a position of interdependence with the [private party] that it was a joint participant in the enterprise.’ ” Harvey, 949 F.2d at 1131 (quoting NBC ¶. Communications Workers of Am., AFL-CIO, 860 F.2d 1022, 1026 (11th Cir.1988) (citation omitted)). The Eleventh Circuit in Harvey, confronting facts similar to the case at bar and the issue of whether involuntary commitment by private parties may be considered state action, found an insufficient nexus between the defendants, a private hospital and private physicians, and the State. See id.; see also Rockwell, 26 F.3d at 258 (<HOLDING>). The court observed that “[b]oth the Supreme 
 Holding statements: (A) holding that ccmc and its employees were not state actors under either the symbiotic relationship or close nexus test (B) holding that massachusetts statute did not create a sufficiently close nexus between private hospital and the state to warrant labeling private actors state actors (C) holding that foster parents are not state actors (D) holding private actors are not acting under the color of state law for the purposes of section 1983 liability (E) holding that private hospital and physicians who involuntarily committed plaintiff under massachusetts statute were not state actors noting that state regulation even if extensive and receipt of federal funds do not establish state action

Output: holding that ccmc and its employees were not state actors under either the symbiotic relationship or close nexus test


Input: Consider Input: of finality which is essential to the operation of our criminal justice system.” Sawyer v. Smith, 497 U.S. 227, 242, 110 S.Ct. 2822, 111 L.Ed.2d 193 (1990). Petitioner claims that Apprendi falls within the narrow scope of the second category of exceptions and is therefore applicable to his case retroactively. The Second Circuit has not yet addressed the question of whether Apprendi should be considered a “watershed rule,” falling within the Teague exceptions. However, every Circuit Court which has considered this question has held that Apprendi should not be applied retroactively on collateral review. United States v. Sanders, 247 F.3d 139, 146 (4th Cir.2001); Jones v. Smith, 231 F.3d 1227, 1236 (9th Cir.2001); see, e.g., Abdullah v. United States, 240 F.3d 683, 687 (8th Cir.2001)(<HOLDING>); Browning v. United States, 241 F.3d 1262, 
 Holding statements: (A) holding that petitioner was barred from bringing apprendi claim on second or successive motion to vacate because supreme court had not made apprendi retroactive to cases on collateral review (B) holding apprendi is not retroactive (C) holding that apprendi does not apply on collateral review (D) holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review  that was previously unavailable (E) holding that the apprendi decision is not applicable on collateral review

Output: holding apprendi is not retroactive


Input: Consider Input: In re Glenn Electric Sales, 99 B.R. 596, 599 (D.N.J.1988); Diamond Lumber, Inc. v. Unsecured Creditors’ Committee (In re Diamond Lumber, Inc.), 88 Bankr. 773, 776 (N.D.Tex.1988). The duty of disclosure is so important that the failure of an attorney to disclose all of his or her relevant connections is an independent basis for the disallowance of fees. In re Leslie Fay Cos., 175 B.R. at 533, citing Futuronics Corp. v. Arutt, Nachamie & Benjamin (In re Futuronics Corp.), 655 F.2d 463, 469 (2d Cir.1981); In re Arlan’s, 615 F.2d at 933; Rome v. Braunstein, 19 F.3d at 59; In re Granite Sheet Metal Works, Inc., 159 B.R. 840, 847 (Bankr.S.D.Ill.1993); In re Envirodyne Industries Inc., 150 B.R. 1008, 1021 (Bankr.N.D.Ill.1993); see also In re Fretter, Inc., 219 B.R. 769 (Bankr.N.D.Ohio 1998) (<HOLDING>). It is clear that BG & S did not comply with 
 Holding statements: (A) recognizing power of bankruptcy court to impose sanctions on parties and counsel who willfully abuse the judicial process but not finding sanctions appropriate against debtor and his attorney for their repeated bankruptcy filings (B) holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case (C) holding that while appropriate sanctions may vary in the courts discretion denial of all fees is required when an attorney willfully disregards the fiduciary obligations under the disclosure rules (D) holding that a court has broad discretion in awarding attorney fees under the eaja but is not required to make an award in all cases where a party seeks supplemental or increased fees (E) holding under third circuit law that denial of rule 11 sanctions is reviewed for abuse of discretion


Output: recognizing power of bankruptcy court to impose sanctions on parties and counsel who willfully abuse the judicial process but not finding sanctions appropriate against debtor and his attorney for their repeated bankruptcy filings