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.
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Question: created a policy or custom under which unconstitutional practices occurred, or allowed the continuance of such a policy or custom, (4) the defendant was grossly negligent in supervising subordinates who committed the wrongful acts, or (5) the defendant exhibited deliberate indifference ... by failing to act on information indicating that unconstitutional acts'were occurring. Id. at 127 (citing Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir.1995)). The Supreme Court’s decision in Iqbal, 556 U.S. 662, 129 S.Ct. 1937, which found that a supervisor can be held liable only "through the official’s own individual actions,” id. at 676, 129 S.Ct. 1937, arguably casts doubt on the continued viability of some of the categories set forth in Hastings On Hudson and Colon. See Grullon, 720 F.3d at 139 (<HOLDING>). For the purposes of this case, however, it is 
 Holding statements: (A) holding the same with respect to an apartment (B) holding that no heightened showing is required (C) holding the same with respect to violations of the fifth amendment (D) recognizing that opinion work product subject to discovery upon heightened showing of compelling need (E) recognizing chat iqbal may have heightened the requirements for showing a supervisors personal involvement with respect to certain constitutional violations

Answer: holding the same with respect to an apartment


Question: in the context of an election case, even in the absence of a class action, and concluding that the case was not moot); Rosario v. Rockefeller, 410 U.S. 752, 756 n. 5, 93 S.Ct. 1245, 36 L.Ed.2d 1 (1973) (concluding that plaintiffs’ class action challenge to New York’s Election Law was capable of repetition yet evading review, although primary election had passed and the petitioners would be eligible to vote in the next primary); Dunn v. Blumstein, 405 U.S. 330, 333 n. 2, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972) (in challenge to a provision of Tennessee’s election law, concluding that, although plaintiff would be eligible to vote in the next election, the controversy was capable of repetition yet evading review); Fulani v. League of Women Voters Educ. Fund, 882 F.2d 621, 628 (2d Cir.1989) (<HOLDING>). We adopt the approach of the former cases, 
 Holding statements: (A) holding that appeal was not moot despite the fact that the election had passed because there would be every reason to expect the same parties to generate a similar future controversy emphasis added (B) holding that although the 1972 election had long since passed the case was not moot because the statute under review would apply to other candidates in the future (C) holding that election case was not moot after election because there is a reasonable expectation that the same complaining parties would be subject to that same action in the future (D) holding that issues as to whether declaratory relief should be granted had become moot and would be dismissed for lack of jurisdiction but that under hallman the entire appeal was not moot because there still was a live controversy as to whether appellee was entitled to recover attorneys fees under the declaratory judgments act and therefore issues regarding attorneys fees were not moot and would be decided (E) holding that plaintiffs claims were not moot although the election was over because the same issues would affect minorparty candidacies in the future but failing to address whether fulani herself would be affected

Answer: holding that appeal was not moot despite the fact that the election had passed because there would be every reason to expect the same parties to generate a similar future controversy emphasis added


Question: to that fact. A jury could infer that Kudner made the statement with the intent to induce the plaintiffs to sign the agreements and that the plaintiffs relied on the statement: Krupnick’s and Schapiro’s affidavits and testimony indicate that their signing the agreement was contingent on Avecia’s obtaining the registrations. (Exhibit P-6, Krupnick dep., 7/14/00, at 87; Krupnick aff. ¶¶17, 18; Schapiro aff. ¶¶29, 30.) There is evidence that the plaintiffs’ reliance on Kudner’s statements was justified: Kenline testified that it was Avecia’s responsibility to obtain the Reputex registrations and that Avecia had more regulatory experience than the plaintiffs. (Exhibit P-53, Kenline dep., 7/26/00, at 696); Wilmington Trust Co. v. Aetna Cas. & Surety Co., 690 A.2d 914, 916-17 (Del. 1996) (<HOLDING>). Finally, there is evidence of damages: the 
 Holding statements: (A) holding that whether the plaintiffs reliance on a negligent misrepresentation is justified generally raises a question of fact (B) holding that there was a genuine issue of material fact precluding summary judgment (C) holding that plaintiffs did not allege actual reliance on defendants misrepresentations  and thus could not rely on  552 of the second restatement  where plaintiffs proffered only fraudonthemarket theory alleging that defendants negligent misrepresentations affected market prices which induced plaintiffs to enter into certain transactions (D) holding it is a question of fact (E) holding that whether a plaintiffs reliance on defendants misrepresentations was justified is a question of fact precluding summary judgment

Answer:
holding that whether the plaintiffs reliance on a negligent misrepresentation is justified generally raises a question of fact