instruction:
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.
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:
search a premises, Weston, 67 M.J. at 393 (citing Matlock, 415 U.S. 164, 94 S.Ct. 988), I do not believe that case to be controlling. Matlock was arrested on the front lawn of the house, Matlock, 415 U.S. at 166, 94 S.Ct. 988, and placed in a nearby police car. Id. at 179, 94 S.Ct. 988 (Douglas, J., dissenting). The arresting officers subsequently approached the house, spoke with a resident who shared a bedroom with Matlock, and received permission to search that bedroom. Id. at 166, 94 S.Ct. 988. The police did not ask Matlock for his consent to search the bedroom, nor did he offer it. Id. The Supreme Court recognized the consent of the cotenant may be valid against a eotenant who has not objected. Id. at 170, 94 S.Ct. 988; see also Rodriguez, 497 U.S. at 179-80, 186, 110 S.Ct. 2793 (<HOLDING>). This case differs from Matlock and Rodriguez 
 Holding statements: (A) holding cotenants consent to search valid where rodriguez who was asleep inside the house was not asked for his consent if police reasonably believed the consenter possessed common authority over the premises (B) holding that the agents superficial and cursory questioning of the consenting party did not disclose sufficient information for the agent reasonably to believe that she had common authority over the premises and that further inquiry was required under rodriguez (C) holding that mother who was resident of house shared with adult daughter could give valid consent to search premises (D) holding that consent to search premises includes consent to search washing machine on those premises (E) holding that there is no violation of the fourth amendment when the government reasonably believed that the individual giving consent to the search had authority to do so
answer:
holding that the agents superficial and cursory questioning of the consenting party did not disclose sufficient information for the agent reasonably to believe that she had common authority over the premises and that further inquiry was required under rodriguez


question:
or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.... 42 U.S.C.S. § 1983 (LexisNexis 2002). 6 . Given our disposition and the posture of the case, we need not determine whether the Howeth parties’ reservation of section-1983 claims against the individual defendants, based on the individuals’ participation in an alleged regulatory taking, was effective. See San Remo Hotel, L.P. v. City & County of S.F., Cal, 545 U.S. 323, 346, 125 S.Ct. 2491, 2506, 162 L.Ed.2d 315 (2005) (<HOLDING>); Halloo Tex., Inc. v. McMullen County, 221 
 Holding statements: (A) holding that a determination of whether the defendants actions constituted a taking under the louisiana constitution does not implicate any issues of federal law and thus does not provides a basis for a federal district court to exercise federal subject matter jurisdiction (B) holding that collateral estoppel applies only where the antecedent judgment was a final judgment (C) holding that collateral estoppel applies to  1983 claims (D) holding that the domesticrelations exception to federal diversity jurisdiction does not prevent federal courts from adjudicating a tort action when the plaintiffs do not contest the validity of the state custody decree because the tort issues  were not entangled with issues that only state courts are competent to resolve (E) holding that reservation of federal asapplied takings claims that have issues that are not distinct from antecedent state issues does not defeat application of collateral estoppel in later federal suit
answer:

holding that a determination of whether the defendants actions constituted a taking under the louisiana constitution does not implicate any issues of federal law and thus does not provides a basis for a federal district court to exercise federal subject matter jurisdiction