TASK DEFINITION: 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.
PROBLEM: protected conduct, and that such action (4) chilled the inmate’s exercise of his First Amendment rights, and (5) the action did not reasonably advance a legitimate correctional goal. Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005). The First Amendment guarantees a prisoner a right to seek redress of grievances from prison authorities and as well as a right of meaningful access to the courts. Bradley v. Hall, 64 F.3d 1276, 1279 (9th Cir.1995); see also Hasan v. U.S. Dep’t of Labor, 400 F.3d 1001, 1005 (7th Cir.2005) (“Prisoners’ grievances, unless frivolous ..., concerning the conditions in which they are being confined are deemed petitions for redress of grievances and thus are protected by the First Amendment.”); Wolfel v. Bates, 707 F.2d 932, 934 (6th Cir.1983) (per curiam) (<HOLDING>). Accordingly, Jones’s complaints of 
 Holding statements: (A) recognizing first amendment retaliation right (B) holding that administrative remedies are unavailable if prison officials fail to respond to prisoners grievances (C) recognizing that prisoners undoubtedly exercise first amendment petition right when filing grievances and stating that prison officials may not retaliate against prisoners for filing grievances (D) holding that an inmate has a first amendment right to file grievances against prison officials (E) recognizing prisoners first amendment right to eom plain to prison officials about discrimination

SOLUTION: recognizing first amendment retaliation right

PROBLEM: the evidence presented by the summary judgment record in a light most favorable to the party against whom the summary judgment was rendered, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006) (citing City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex.2005)). When both sides move for summary judgment, and the trial court grants one motion and denies the other, the reviewing court considers both sides’ summary judgment evidence and determines all issues presented. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex.2005). Where the trial court does not specify the g rv., Inc., 798 S.W.2d 606, 615 (Tex.App.-Dallas 1990, writ denied) (<HOLDING>). Thus, the absence of a causal connection 
 Holding statements: (A) holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract (B) holding that erisa provides relief only for clearly ascertainable damages with the intent to make plaintiffs whole which precludes recovery for speculative future harm (C) holding that no recovery exists for speculative damages (D) holding that nominal damages award was appropriate where the evidence supporting the damages was speculative (E) holding such damages available where local law silent on issue speculative nature of damages does not preclude recovery

SOLUTION: holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract

PROBLEM: return to work. Without establishing this prima facie case, Rincones’s claim fails as a matter of law. “Employees are similarly situated if their circumstances are comparable in all material respects, including similar standards, supervisors, and conduct.” Ysleta Indep. Sch. Dist. v. Monarrez, 177 S.W.3d 915, 917 (Tex. 2005) (per curiam). “The situations and conduct of the employees in question must be ‘nearly identical.’ ” Reyes, 272 S.W.3d at 594 (citation omitted); see also Edwards v. Grand Casinos of Miss., Inc., 145 Fed.Appx. 946, 948 n.2 (5th Cir. 2005) (per curiam) (noting that as to the similarly situated requirement, circumstances surrounding the compared employees must be “nearly identical”); Smith v. Wal-Mart Stores (No. 471), 891 F.2d 1177, 1180 (5th Cir. 1990) (per curiam) (<HOLDING>). “Employees with different responsibilities, 
 Holding statements: (A) holding that an employee could not establish pretext when the employer in good faith believed that the employee engaged in misconduct regardless whether the employee in fact engaged in the misconduct (B) holding that the employer had not demonstrated the employee was discharged for gross misconduct because the conduct was an isolated incident and the employer did not try to show that its staffing ability had suffered serious  or indeed any consequences as a result of the employees conduct (C) holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination (D) holding that in order for plaintiff to prove that she was similarly situated to three other employees she had to demonstrate that all of the relevant aspects of her employment situation were nearly identical to those of the other employees (E) holding plaintiffs burden was to show that the misconduct for which she was discharged was nearly identical to that engaged in by a male employee whom her employer retained internal quotation omitted

SOLUTION:
holding that an employee could not establish pretext when the employer in good faith believed that the employee engaged in misconduct regardless whether the employee in fact engaged in the misconduct