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.

Q: law did not authorize the arresting officer to require Turbyne to take a breath test when the blood test was unavailable. Gillett, 629 P.2d at 619 n. 10. Nor do our decisions in Gillett and Riley construe the statute as allowing the police to compel a different test when extraordinary circumstances prevent administration of the driver-selected test. The good cause exception we established in those cases applies to excuse the judicial sanction of dismissal of the charges when the police are prevented in circumstances beyond their control from administering the driver-selected test. As Shinaut and Dike demonstrate, when a driver selected to take the chemical test not initially selected, he or she may have voluntarily consented to the search of his or her person. Shinaut, 940 P.2d at 384 (<HOLDING>). When the controlling facts are undisputed, as 
 Holding statements: (A) holding that teachers request for four months leave was not a reasonable accommodation (B) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (C) holding that a person must request a reasonable accommodation before he has been terminated he cannot wait until he is terminated and then months later  request reinstatement and demand a reasonable accommodation (D) holding that erroneous accommodation of a citizens request by a police officer does not warrant the sanction of excluding evidence (E) holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada

A: holding that teachers request for four months leave was not a reasonable accommodation
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Q: 602 F.Supp. 859, 864 (D.N.J.1985); Tedesco v. U.S. Po esentation against the Government. 28 U.S.C. § 2680(h). Further, the FTCA requires, as a jurisdictional prerequisite to adjudication in a federal court, all claims to first be brought before the appropriate agency-here, the USPS’s Tort Claims Examiner. See 28 U.S.C. § 2675(a). It is undisputed that Mr. Foster did not bring his claims to the USPS before initiating this suit. Thus, the district court correctly dismissed these claims for lack of subject matter jurisdiction. II Mr. Foster also challenges the district court’s denial of his motion for reconsideration and its denial of sanctions against USPS. We review these determinations for abuse of discretion. Q-Pharma, Inc. v. Andrew Jergens Co., 360 F.3d 1295, 1299 (Fed.Cir.2004) (<HOLDING>); Gary v. The Braddock Cemetery, 517 F.3d 195, 
 Holding statements: (A) holding that a motion for rule 11 sanctions is dispositive (B) holding that state law provides the standard of review for a denial of a rule 50 motion in a diversity case (C) holding under third circuit law that denial of rule 11 sanctions is reviewed for abuse of discretion (D) holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions (E) holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit

A: holding that a motion for rule 11 sanctions is dispositive
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Q: clearly not well- grounded in the law, given the fact that Mr. Friedman sought the law enforcement files in an ongoing investigation. Cf. Reynolds v. United States, 345 U.S. 1, 11, 73 S.Ct. 528, 533, 97 L.Ed. 727 (1953) (suggesting that failure to pursue . alternative means of obtaining information "might have given the respondents the evidence to make out their case without forcing the showdown of privilege"). 3 . In addition to the law enforcement investigatory files privilege, the CFTC and SEC argued that two other privileges barred production of the documents sought in this case. First, they contended that the governmental privilege for intragovernmental deliberative documents protected the documents from disclosure. See McClelland v. Andrus, 606 F.2d 1278, 1286-87 (D.C.Cir.1979) (<HOLDING>); Association for Women in Science v. Califano, 
 Holding statements: (A) recognizing privilege (B) holding that governmental entities may assert attorneyclient privilege to prevent disclosure of information otherwise required by statute (C) recognizing governmental privilege precluding disclosure of official information that would be injurious to the consultative functions of the government (D) holding that disclosure of predecisional documents would injure the consultative process within the government (E) holding that where an authorized disclosure is voluntarily made to a nonfederal party whether or not that disclosure is denominated confidential the government waives any claim that the information is exempt from disclosure under the deliberative process privilege

A:
recognizing privilege
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