TASK DEFINITION: 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.
PROBLEM: and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe’s amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun 
 Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in  1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure

SOLUTION: (E)

PROBLEM: immunity exists. In Galvan v. Garmon, 710 F.2d 214 (5th Cir.1983), cert. denied 466 U.S. 949, 104 S.Ct. 2150, 80 L.Ed.2d 536 (1984), the fifth circuit held that when a probation officer erroneously prepared a motion for revocation of appellant’s probation, she was only entitled to qualified immunity. The court distinguished its earlier case of Spaulding v. Nielsen, supra: We find Spaulding not controlling in the case at hand. Whereas in Spaulding the probation officer was acting at the direction of the court during the presen-tence report process, in the immediate case the probation officer acted at her own initiative and at a different phase of the criminal process less intimately associated with the judiciary. Galvan, at 215. See also Griffin v. Leonard, 821 F.2d 1124 (5th Cir.1987) (<HOLDING>). We note also third circuit decisions, 
 Holding statements: (A) holding that defendants are not entitled to qualified immunity (B) holding under facts presented that probation officer was entitled to at least qualified immunity (C) holding officials are entitled to qualified immunity for reasonable mistakes of law (D) holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted (E) holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity

SOLUTION: (B)

PROBLEM: those proceedings, which start the five year period for dormancy. For example, in Cyr, the Kansas Supreme Court found that even though the purpose of a contempt proceeding serves the same remedial purpose as an execution, garnishment, income withholding proceeding, and proceeding in aid of execution-namely to aid in collecting a favorable money judgment-contempt proceedings are not enumerated in § 60-2403, and therefore, do not operate to keep the judgment alive. 815 P.2d at 100. See also DeKalb Swine Breeders, Inc. v. Woolwine Supply Co., 248 Kan. 673, 809 P.2d 1223 (1991) (strictly construing the statutory language of § 60-2403 and holding that pending garnishment proceedings do not toll time period for dormancy purposes); First Nat’l Bank v. Harper, 161 Kan. 536, 169 P.2d 844 (1946) (<HOLDING>); St. Joseph Dev. Corp. v. Sequenzia, 25 
 Holding statements: (A) holding that railroad immunity act should be strictly construed (B) holding  2513 to be jurisdictional and therefore must be strictly construed (C) holding dormancy statutes should be strictly construed (D) holding that penal statutes are to be strictly construed in favor of the persons sought to be subjected to their operation (E) holding that criminal statutes of limitation should be construed in favor of the accused

SOLUTION:
(C)