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: for [her] employer! ] to operate efficiently and effectively.” Id. at 418-19, 126 S.Ct. 1951. The point of this inquiry, then, is “both to promote the individual and societal interests that are served when employees speak as citizens on matters of public concern and to respect the needs of government employers attempting to perform their im portant public functions.” Id. at 420, 126 S.Ct. 1951. With that premise as a backdrop, the Supreme Court held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” Id. at 421, 126 S.Ct. 1951; see also Haynes v. City of Circleville, 474 F.3d 357, 364-65 (6th Cir.2007) (<HOLDING>). Thus, Garcetti and its Sixth Circuit progeny 
 Holding statements: (A) holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern (B) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (C) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (D) holding that garcetti barred claims involving speech not necessarily required by the plaintiffs job duties but nevertheless  related to his job duties (E) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected

Answer: holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern


Question: against the Debtor have been discharged and that MDE’s pursuit of those claims in the State Court Action constitutes a violation of the discharge injunction. Accordingly, the Court orders the Respondents to cease any further pursuit of the Debtor in connection with the alleged claims but denies the Debtor’s -request for an award of damages and attorneys’ fees. A separate order will be entered consistent with this ruling. 1 . Unless otherwise noted, all statutory and rule references are to the Bankruptcy Code, 11 U.S.C. §§ 101 to 1532, and the Federal Rules of Bankruptcy Procedure. 2 . In addition to the pleadings filed in this matter, the Court takes judicial notice of the docket in the Debtor's case. See Cervac v. Littman (In re Littman), 561 B.R. 79, 83 n.4 (Bankr. N.D. Ill. 2016) (<HOLDING>). 3 . Unless otherwise noted, future references 
 Holding statements: (A) recognizing that the court may take judicial notice of its own docket (B) recognizing that a court may take judicial notice of court filings and other matters of public record (C) recognizing that a court may rely on matters of which a court may take judicial notice (D) holding that the appellate court may take judicial notice of its own records in related proceedings (E) holding that a court may sua sponte take judicial notice of its docket

Answer: recognizing that a court may take judicial notice of court filings and other matters of public record


Question: total amount of forged cheeks deposited by Wade and her codefendants. Wade argued that each codefendant engaged in separate transactions and that United S iew Wade’s ultimate sentence for reasonableness. Id. We reject Wade’s challenge to the district court’s use of the preponderance of the evidence standard. We have previously determined that “the remedial opinion in Booker held that such judicial fact-finding [by the preponderance of the evidence] for sentencing purposes does not violate the Sixth Amendment when made as part of an advisory Guidelines regime.” United States v. Vaughn, 410 F.3d 1002, 1004 (8th Cir.2005), cert, denied, — U.S. -, 126 S.Ct. 1103, — L.Ed.2d -, 2006 WL 37911 (2005). See also United States v. Patient Transfer Service, Inc., 413 F.3d 734, 745 (8th Cir.2005) (<HOLDING>). The district court properly applied the 
 Holding statements: (A) recognizing the supreme courts holding in ferber (B) recognizing that the supreme court maintained the trial courts fact finding authority without setting a new standard in booker (C) holding that when court applies the clearly erroneous standard court may not reverse boards finding of fact if after court reviews the record in its entirety the finding is supported by a plausible basis (D) holding that the supreme courts proper scope of review of a trial courts decision in a trial de novo of an assessment matter is whether the decision of the trial court was clearly erroneous (E) holding that district court opinion which cites controlling authority that is pending review in florida supreme court allows supreme court to exercise jurisdiction

Answer:
recognizing the supreme courts holding in ferber