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: assault conviction. See Ohio Rev.Code § 3319.39(B). Further, Plaintiffs understanding of the nature of the choice he was required to make is demonstrated by the fact that he discussed the choices with his union representatives' — the President and Vice President of his local union and the President of the Central Ohio union — and discussed the choice with a teacher at Ft. Hayes High School. See Harris, 2008 WL 4186316, *8, 2008 U.S. Dist. LEXIS 86385, at *20 (finding that the plaintiff “fully understood the options as he testified that he discussed them with his wife and union steward”). Also, Plaintiff was given a reasonable amount of time to choose between termination and resignation as he was given approximately twenty-four hours in which to decide. See Rhoads, 103 Fed.Appx. at 895 (<HOLDING>); Harris, 2008 WL 4186316, *8, 2008 U.S. Dist. 
 Holding statements: (A) holding that extremely tight handcuffing for nearly fourteen hours that left indentations in plaintiffs arms for over six hours did not amount to excessive force (B) holding that a difference of opinion about the best course of medical treatment does not amount to deliberate indifference (C) holding that a plan administrators decision to deny benefits was arbitrary and capricious even though an attending physician had submitted a form stating the plaintiff could sit for six hours stand for two hours and walk for two hours (D) holding that seven hours was a reasonable amount of time to deliberate meaningfully about the choice (E) holding that delay of several hours after the vehicle was seized was reasonable

A: holding that extremely tight handcuffing for nearly fourteen hours that left indentations in plaintiffs arms for over six hours did not amount to excessive force
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Q: 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

A: recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure
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Q: screen violated his Fourth Amendment right to be free from unreasonable searches; and (3) the public-policy exception to the at-will doctrine should apply. His arguments are not persuasive. Assuming all of Hice’s allegations as true, the city was entitled to judgment as a matter of law. Both the city ordinance adopting the personnel handbook and the handbook itself clearly declare that there is no employment contract and that employment is at will. While the personnel handbook contains provisions describing methods for dismissal under certain circumstances and specifying kinds of conduct that could result in being dismissed, it does not contain provisions that an employee will not be discharged except for cause. See Mertyris v. P.A.M. Transp., Inc., 310 Ark. 132, 832 S.W.2d 823 (1992) (<HOLDING>); Gladden v. Arkansas Children’s Hosp., 292 
 Holding statements: (A) recognizing that a clause in an insurance policy was susceptible to a construction in favor of the insured but that such a construction would be unreasonable absurd and produce results never intended or contemplated by the parties (B) holding that the pam transport manual lists certain conduct that wifi result in termination but nothing in the manual suggests that the fist is intended to be exhaustive thus it would not only be unreasonable but absurd to interpret the manual as implicitly foreclosing termination for criminal acts and wrongful conduct beyond the seven violations listed in the manual (C) holding that a statute cannot be construed in a manner that would lead to an absurd or unreasonable result (D) holding that the directors litigating position was not entitled to chevron deference but did warrant skidmore respect on certain issues where the arguments were persuasive and the agencys manual and practice had for some time consistently advanced a reasonable position (E) holding that the test for ineffective assistance of counsel in termination cases is generally the same as in criminal proceedings

A:
recognizing that a clause in an insurance policy was susceptible to a construction in favor of the insured but that such a construction would be unreasonable absurd and produce results never intended or contemplated by the parties
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