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.
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Question: some recognized legal théory. Spinale v. U.S. Dep’t of Agric., 621 F.Supp.2d 112, 119 (S.D.NY 2009) (McMahon, J.) aff'd sub nom., 356 Fed.Appx: 465 (2d Cir.2009). However, a complaint containing “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged” will survive a motion to dismiss. See Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). B. Prison Litigation Reform Act As a threshold matter, the parties dispute whether the Prison Litigation Reform Act (“PLRA”) bars Plaintiffs from recovering compensatory damages. In relevant part, the statute states that “[n]o Federal civil action may be brought by a priso N.Y.2002) (Scheindlin, J.) aff'd, 56 Fed.Appx. 43 (2d Cir.2003) (<HOLDING>). For the well-articulated reasons in Judge 
 Holding statements: (A) holding that the relevant time of inquiry is the date of the filing of the complaint (B) holding with respect to another part of the plra that the court must determine the prisoners status on the date the suit or appeal is brought rather than at some other time (C) holding that the plra only applies to plaintiffs who are incarcerated at the time an action is commenced (D) holding that the plra bar applies to lawsuits brought by inmates regardless of whether the inmate is incarcerated at the time of filing or whether the plaintiff is subsequently paroled sentenced or released (E) holding that the donovan rule applies regardless of whether the injunction is issued before or after the federal court filing

Answer: (D)


Question: trial court wide latitude in sentencing...." State v. Bluff 2002 UT 66, ¶ 66, 52 P.3d 1210. "Generally, we review sentencing decisions to determine whether the court exceeded its permitted range of discretion, and we will reverse only if we determine that the trial court has failed to consider all legally relevant factors, or imposed a sentence that exceeds legally prescribed limits." State v. Malaga, 2006 UT App 108, 1 12, 182 P.3d 708 (quotations and citations omitted). ANALYSIS I. Admissibility of Evidence T9 Defendant asserts that the trial court committed plain error when it allowed two witnesses to testify as to the children's credibility in violation of State v. Rimmasch, 775 P.2d 388 (Utah 1989), and rule 608(a)(1) of the Utah Rules of Evidence. See Rim-masch, TIS P.2d at 392 (<HOLDING>); see also Utah R. Evid. 608(a)(1) ("The 
 Holding statements: (A) holding that rule 608a1 bars admission of an experts testimony as to the truthfulness of a witness on a particular occasion (B) holding rule applicable to witness (C) holding plaintiffs waived their right to appellate review of the admission of an experts testimony by failing to object to it at trial (D) holding that even if an experts testimony arguably embraced the ultimate issue such testimony is permissible as long as the experts testimony assists rather than supplants the jurys judgment (E) holding that an experts opinion must be based on facts in evidence or within his or her knowledge and that the admission of an experts opinion is reviewed for an abuse of discretion

Answer: (A)


Question: NLRB v. Princeton Memorial Hosp., 939 F.2d 174, 178 (4th Cir.1991) (quotations omitted) (ellipses in original). In determining whether the employing entity is administered by individuals responsible to public officials for purposes of the political subdivision exemption, courts and the Board generally consider whether a majority of the employer’s governing body — the governing board and executive officers — is appointed by or subject to removal by public officials. See, e.g., Jefferson County, 732 F.2d at 125-26; Truman Med. Ctr., Inc. v. NLRB, 641 F.2d 570, 573 (8th Cir.1981); Economic Sec. Corp., 299 N.L.R.B. 562, 1990 WL 272722, at *2 & n. 10; Woodbury County Community Action Agency Employer, 299 N.L.R.B. 554, 1990 WL 267415, at *2; see also Princeton Memorial Hosp., 939 F.2d at 179 (<HOLDING>). Courts and the Board also consider whether 
 Holding statements: (A) holding that procedural unconscionability existed where a nursing home residents daughter met with the homes administrator for about five minutes during which time she was presented with a thirtyseven page document that included an arbitration clause and instructed that her fathers continued stay in the home was conditioned upon her signing the papers which the administrator flipped through and presented the signature pages (B) holding nursing home was political subdivision both because homes directors were responsible to elected officials and because the daytoday administration of center was directly tied to city (C) holding that where plaintiffs were entitled to recover both treble damages and punitive damages under the illinois nursing home care reform act both issues could be submitted to the jury and the plaintiff could choose which award to be reflected in the judgment (D) holding that although the state regulated and subsidized the nursing homes private parties not state officials made the administrative decisions therefore the decisions could not be treated as state action (E) holding that home purchased with spouses separate funds prior to marriage was transmuted into marital property because mortgage payments made from joint account home was used as marital residence and both parties devoted resources and energy into home

Answer:
(B)