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.

Example Input: magistrate judge denied the motion, explaining that Mr. Schueller’s subjective perceptions did not demonstrate judicial bias and his claims were not based on any extrajudicial source to support a bias or partiality challenge. We generally review the denial of a recusal motion for abuse of discretion. ClearOne Comm’cns, Inc. v. Bowers, 651 F.3d 1200, 1217 (10th Cir.2011). For the reasons stated in the magistrate judge’s order denying recusal, we determine that recusal was not warranted and we find no abuse of discretion in the denial of the motion to recuse. To the extent Mr. Schueller now claims that the district judge was biased against him, he did not raise this issue to the district court, so we do not address it. See Koch v. Koch Indus., Inc., 203 F.3d 1202, 1239 (10th Cir.2000) (<HOLDING>). III. CONCLUSION Wells Fargo’s motion for 
 Holding statements: (A) holding plaintiffs waived their bias argument on appeal because they failed to timely move for disqualification (B) holding that the defendant waived argument on appeal by failing to develop a cogent argument (C) holding that party waived argument by failing to brief it on appeal (D) holding argument not asserted before district court is waived on appeal (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
Example Output: (A)

Example Input: Inc., 575 F.2d 62, 66 (3d Cir.1978); Novelty Textile Mills v. Joan Fabrics Corp., 558 F.2d 1090, 1093 n. 3 (2d Cir.1977). 7 .The rationale for this rule, as Judge Aldrich stated, is that "to permit copyrighting [in that case] would mean that a party or parties, by copyrighting a mere handful of forms [of expression], could exhaust all possibilities of future use of the substance ... [and thus] the subject matter would be appropriated by permitting the copyrighting of its expression. We cannot recognize copyright as a game of chess in which the public can be checkmated.” Morrissey v. Procter & Gamble Co., 379 F.2d 675, 678-79 (1st Cir.1967). 8 . As an example of where dissection was improperly used, see Apple Barrel Productions Inc. v. Beard, 730 F.2d 384, 387-88 (5th Cir.1984) (<HOLDING>). 9 .For example, the court may find that the 
 Holding statements: (A) holding that consideration supports the agreement as a whole (B) holding that the district court erred when it failed to consider the presumption of irreparable harm (C) holding district court erroneously failed to consider copyrighted show as a whole (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding appellate courts must consider the trial courts jury charge as a whole
Example Output: (C)

Example Input: Brown’s argument that she was speaking as a citizen is supported by the fact that ordinary citizens may similarly report public misconduct to the Auditors. See Conn. Gen. Stat. § 4-61dd (conferring right to file reports with Auditors on “any person”). The existence of a civilian analogue to Brown’s conduct strengthens her allegations that her speech was as a citizen and thus protected by the First Amendment. See Matthews I, 779 F.3d at 176. The instant case is not similar to other cases of its type that were dismissed at the motion to dismiss stage. In many of those cases, the plaintiff-employee had made an admission that the alleged speech was made, at least in part, pursuant to his or her official duties. See Matthews v. Lynch, 483 Fed.Appx. 624, 626 (2d Cir. 2012) (Matthews III) (<HOLDING>); Anemone, 629 F.3d at 116. Here, there is no 
 Holding statements: (A) holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel (B) holding that a plaintiff did not complain to the eeoc pursuant to official duties but rather as a citizen (C) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (D) holding that speech was pursuant to official duties because plaintiff conceded at oral argument that as an internal affairs officer he had a broad responsibility to investigate and report police misconduct (E) holding police officer is a public official
Example Output:
(D)