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.

negligence placed the plaintiff....” Brown v. Philadelphia Coll, of Osteopathic Med., 449 Pa.Super. 667, 674 A.2d 1130, 1135-36 (1996). Russell’s actions were intentional, not negligent. The impact rule, which depends upon the negligence of a defendant, is therefore inapposite to this case. 7 . Because DiSalvio’s federal cause of action survives Russell's Motion to Dismiss, the Court retains supplemental jurisdiction over DiSalvio’s remaining state law claims. 9 . Unlike the School District Defendants, Russell has not argued that this tort is unavailable to plaintiffs in the Commonwealth of Pennsylvania. 10 . The Court similarly rejects Russell’s argument that DiSalvio cannot recover punitive damages from him under her § 1983 claim. See Coleman v. Kaye, 87 F.3d 1491, 1497 (3d Cir.1996) (<HOLDING>). 11 . DiSalvio suggests that Magill should 
 Holding statements: (A) holding that punitive damages may be awarded for egregious violations of the lmrda (B) holding that punitive damages may be imposed against employer for tortious conduct of employee (C) holding that punitive damages may be awarded under  1983 when the defendants conduct is shown to be motivated by evil motive or intent or when it involves reckless or callous indifference to the federally protected rights of others (D) holding that a supervisor with no personal involvement may be liable for the constitutional violation of a subordinate for culpable action or inaction in the training supervision or control of his subordinates acquiescence in the constitutional deprivation  or reckless or callous indifference to the rights of others (E) holding that since the complaint set out a deliberate indifference claim it follows logically that reckless or callous indifference has been noticed
holding that punitive damages may be awarded for egregious violations of the lmrda

It is axiomatic, however, that states act through their officials and agencies. Thus, under Will, those state agencies and other political subdivisions which carry out the state’s business and have immunity from lawsuits under the Eleventh Amendment constitute “arms of the state.” Pursuant to Will, such entities would not be considered persons under § 1983. Those political subdivisions which are not provided immunity under the Eleventh Amendment, do not rise to the level of “arms of the state” and would, under Will, be considered to be persons for the purposes of § 1983. See Barket, Levy & Fine v. St. Louis Thermal Energy Corp., 948 F.2d 1084, 1086-88 (8th Cir.1991) (bi-state agency is a “person” under § 1983); Magula v. Broward Gen. Medical Ctr., 742 F.Supp. 645, 649 (S.D.Fla.1990) (<HOLDING>). Since the Will decision was handed down, a 
 Holding statements: (A) holding that a county is not an arm of the state for purposes of the eleventh amendment (B) holding that an ohio school district is more like a county or city than it is like an arm of the state and therefore it is not entitled to assert eleventh amendment immunity from suit (C) holding that the anne arundel board of education is an arm of the state for purposes of eleventh amendment immunity (D) holding that the puc is not an arm of the state and rejecting claim of immunity (E) holding that because hospital district is more like a municipality than an arm of the state hospital district did not have eleventh amendment immunity
holding that a county is not an arm of the state for purposes of the eleventh amendment

Mut. Auto. Ins. Co. v. Dill, 108 A.3d 882, 885 (Pa. Super. Ct. 2015) (en banc) (“On appeal, we will not consider assignments of error that were not brought to the tribunal’s attention at a time at which the error could have been corrected or the alleged prejudice could have been mitigated.”), petition for allowance of appeal filed, No. 69 EAL 2015 (Pa. Feb. 11, 2015). The proposition is also well settled that a party may not raise for the first time an argument not previously made to a lower court by inserting the issue into a statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b). “A party cannot rectify the failure to preserve an issue by proffering it in response to a Rule 1925(b) order.” Glenbrook Leasing Co. v. Beausang, 839 A.2d 437, 444 (Pa. Super. Ct. 2003) (<HOLDING>), aff’d per curiam, 584 Pa. 129, 870 A.2d 318 
 Holding statements: (A) holding that an issue not raised on appeal is waived (B) holding under parap 302a issue not raised until after summary judgment was granted and then only in a statement of matters complained of on appeal was waived for purposes of appeal (C) holding that issue not raised in a statement filed pursuant to parap 1925b is waived for purposes of appeal (D) holding issue not raised in the bankruptcy court was waived on appeal (E) holding an issue not raised in the bankruptcy court was waived on appeal

holding that an issue not raised on appeal is waived