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.
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complaint nor any facts relating to VBCJ’s General Order support an argument that Waters received less procedural due process than what is constitutionally required in the circumstances. Therefore, VBCJ’s fee program does not violate Waters’ right to procedural due process. C. Legitimate Penological Interest Finally, Waters’ complaint, broadly construed, alleges that Virginia’s one dollar per day room and board fee is not reasonably related to any legitimate penological interest. This claim also plainly fails, as there are several conceivable rationales to support the finding that VBCJ’s fee program is “ ‘reasonably related’ to promoting a legitimate penological interest.” Sample v. Angelone, 173 F.3d 425 (Table), 1999 WL 52347, *1 (4th Cir. Feb.5 S.Ct. 285, 50 L.Ed.2d 251 (1976) (<HOLDING>). 5 . Section 53.1-131.3 provides as follows: 
 Holding statements: (A) holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person (B) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (C) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (D) holding that deliberate indifference standard for imposing supervisory liability based on an eighth amendment violation is consistent with iqbal and collecting cases (E) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation
answer:
holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person


question:
the harassment,” Murray, 57 F.3d at 250. As the Second Circuit has recognized, “not every response to a complaint should take the form of discharge;” even a mere written warning can be an appropriate response if it conveys the message that further harassment will not be tolerated. Kotcher, 957 F.2d at 63; see also Torres, 116 F.3d at 639 (“[R]esolution will vary from case to case.”). By far the best evidence that Metro-North’s response was effective is that plaintiff has not been sexually harassed by Chapman or any other Metro-North employee since meeting with Ms. Gormley-O’Connor, see Wahlstrom Dep. at 30, 248, nor has Chapman been accused of accosting any other employees since returning from his suspension, see Chapman Dep. at 64, 279; Sinigiani Dep. at 49; cf. Murray, 57 F.3d at 251 (<HOLDING>). Therefore, while factual issues exist as to 
 Holding statements: (A) holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination (B) holding that where the plaintiffs allegations concerning a hostile work environment consist of facts that occurred more than one year before the filing of the complaint such a claim is timebarred (C) holding that allegations of failure to remedy a hostile work environment provided no basis for relief where the evidence demonstrated that the harassment had ended by the time plaintiffs complaint was filed (D) holding that the allegations of plaintiffs coemployees of sexual harassment by manager were irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of the alleged harassment (E) holding that a charge that alleged discrimination on the basis of sex did not support a complaint for hostile environment sexual harassment
answer:
holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination


question:
Whitman never expressly told Khan or Motey that he would rather not know the story behind a suspicious tip. But a defendant’s “purposeful contrivance” to avoid knowledge, Svoboda, 347 F.3d at 480, may not manifest in an affirmative act because “the very nature of conscious avoidance makes it unlikely that the record will contain directly incriminating statements.” United States v. Kozeny, 667 F.3d 122, 134 (2d Cir.2011). For that reason, “[i]t is not uncommon for a finding of conscious avoidance to be supported primarily by circumstantial evidence.” Id. Whitman responded to warning signs about the nature of Khan and Mote/s tips not with skepticism but with advice on how better to play fast and loose. A reasonable jury could thus infer that WL 1943342 at *2 (S.D.N.Y. May 7, 2013) (<HOLDING>). But that question is not at issue in this 
 Holding statements: (A) holding that employer breached fiduciary duty to disclose that it was considering allowing employees to participate in benefit plan (B) holding that a debtor need not have received a benefit from the fraudulent activity in order for  523a2a to prevent a discharge (C) holding that remote tippee need only know that tipper breached a fiduciary duty and not have specific knowledge that tipper received a personal benefit (D) recognizing that on the part of a fiduciary there is a duty to make a full disclosure of any and all material facts within his knowledge and of which he knows or should know that the other person is ignorant (E) holding record supported jury finding that fiduciary relationship existed between bishop diocese and plaintiff and that such duty was breached
answer:

holding that employer breached fiduciary duty to disclose that it was considering allowing employees to participate in benefit plan