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.

Input: Consider Input: two separate legal insufficiency claims. When the party without the burden of proof suffers an unfavorable finding, the challenge is one of “no evidence to support the finding.” See Creative Manufacturing, Inc. v. Unik, 726 S.W.2d 207, 210 (Tex.App.-Fort Worth 1987, writ ref d n.r.e.). Where the party having the burden of proof suffers an unfavorable finding (failure to find), the proper complaint is that the fact was established as “a matter of law.” See Sterner v. Marathon Oil Company, 767 S.W.2d 686, 690 (Tex.1989). Here, Tech filed a verified special denial that it received timely notice. Consequently, Lucero had the burden to plead and secure a finding on notice. See Texas Tech University Health Sciences Center v. Apodaca, 876 S.W.2d 402, 410-11 (Tex.App.-El Paso 1994, writ denied)(<HOLDING>); see also Harrison v. Texas Department of 
 Holding statements: (A) holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice (B) holding that the government need not prove actual notice to the prisoner (C) holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice (D) holding that where the governmental unit filed a verified special denial that it received timely actual notice the plaintiff had the burden to prove and secure a finding on actual notice at trial (E) holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice

Output: holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice


Input: Consider Input: first, that under New Jersey law a plaintiff assumes the risk of voluntarily participating in a sporting activities, citing Meistrich v. Casino Arena Attractions, Inc., 31 N.J. 44, 155 A.2d 90 (1959) and Pona v. Blvd. Arena, 35 N.J.Super. 148, 113 A.2d 529 (App.Div.1955), and that Buglioli voluntarily participated in a “cat and mouse game.” These cases provide no defense. First, the court knows of no decision after New Jersey adopted its comparative negligence statute interposing “assumption of risk” as a complete defense in a negligence action. To the contrary, a recent case arising from a contact sport accident formulated an appropriate rule by adjusting the standard of care, not by finding “assumption of risk.” See, e.g., Crawn v. Campo, 257 N.J.Super. 374, 608 A.2d 465 (1992) (<HOLDING>). Second, the court finds no New Jersey case 
 Holding statements: (A) holding prison official must have acted with reckless disregard for the inmates safety (B) holding no evidence of reckless disregard for safety of others when officer entered intersection without stopping and witness did not hear brakes being applied (C) holding that an unlawful act committed with the intent to injure or in a grossly negligent manner that proximately causes death is involuntary manslaughter and that criminal liability is imposed in the latter instance because although the defendants acts are not inherently wrong the defendant has acted or failed to act with awareness of the risk to safety and in wilful disregard of the safety of others (D) holding in actions arising from a contact sport accident plaintiff must show defendant acted in reckless disregard of the safety of others or intentionally (E) holding that cjulpable negligence is negligence of a gross and flagrant character which evinces a reckless disregard for the safety of others

Output: holding prison official must have acted with reckless disregard for the inmates safety


Input: Consider Input: prosecutions cannot be considered extreme and outrages or beyond the bounds of decency. Accordingly, those claims are dismissed. To the extent Plaintiffs claim that the alleged withholding of the videotape constitutes a violation of the rule set forth in Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), no such claim can be maintained as the Plaintiffs were made aware of the videotape prior to their trial and have made no argument or showing that any delay in its disclosure caused prejudice. United States v. Watson, 76 F.3d 4, 8 (1st Cir.1996). Finally, since Plaintiffs have not set forth evidence establishing the alleged underlying constitutional violations, their municipal liability claims likewise fail. Nieves v. McSweeney, 241 F.3d 46, 50 (1st Cir. 2001) (<HOLDING>). The Defendants’ Motions for Summary Judgment 
 Holding statements: (A) holding that individual liability under  1983 must be based on personal involvement in the alleged constitutional violation (B) holding that a claim for municipal liability under  1983 requires inter alia proof of an underlying constitutional violation (C) holding that discrimination against a municipal employee could trigger municipal liability under  1983 through official policy or custom (D) holding that a city may not be held liable under  1983 where there was no underlying constitutional violation by any of its officers (E) holding that a constitutional violation by a subordinate is a predicate for supervisory liability under  1983


Output: holding that individual liability under  1983 must be based on personal involvement in the alleged constitutional violation