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.

Q: Cordova’s final policymaking authority concerning the termination or transfer of employees. For the aforesaid reasons, I conclude summary judgment should enter against Singer on the § 1981 and § 1983 claims against the School District. B. Liability of Cordova under § 1981. I have concluded the School District is not liable to Singer under § 1981. I consider Defendants’ additional argument concerning the § 1981 claim since it remains of relevance to Singer’s § 1981 claim against Cor-dova. Defendants argue § 1981 does not apply to religious discrimination and the claim should be dismissed insofar as it is based on such discrimination. See Shapolia v. Los Alamos Nat’l Lab., 992 F.2d 1033, 1036 n. 3 (10th Cir.1993); Manzanares v. Safeway Stores, Inc., 593 F.2d 968, 971 (10th Cir.1979) (<HOLDING>). Singer cites the holding in Shaare Tefila 
 Holding statements: (A) holding discrimination based on pregnancy was not sex discrimination (B) holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex (C) holding that a violation of  1981 requires purposeful race discrimination (D) holding that racial discrimination is not a personal injury tort (E) holding  1981 is directed to racial discrimination although not necessarily limited to the technical or restrictive meaning of race but does not apply to sex or religious discrimination

A: (E)
****
Q: would, in general, slow down the dispute resolution process.” Id. at 946, 115 S.Ct. 1920. Moreover, it was rejected as “legally erroneous,” for the “basic objective in this area is not to resolve disputes in the quickest manner possible, no matter what the parties’ wishes, but to ensure that commercial arbitration agreements, like other contracts, are enforced according to their terms and according to the intentions of the parties.” Id. at 946, 115 S.Ct. 1920. C. In This Case, The Question Of Arbitrability Is For The Court The second question is whether the power to determine arbitrability resides with the court or the AAA Panel. The answer turns upon what the parties agreed to about that question in the Merger Agreement. First Option 543, 546-547, 84 S.Ct. 909, 11 L.Ed.2d 898 (1964)(<HOLDING>). Similarly, a disagreement about whether an 
 Holding statements: (A) holding that a court should decide whether an arbitration agreement survived a corporate merger and bound the resulting corporation (B) holding that a court should decide whether the arbitration contract bound parties who did not sign the agreement (C) holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement (D) holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived (E) holding that a gateway dispute about whether the parties are bound by a given arbitration clause raises a question of arbitrability for a court to decide

A: (A)
****
Q: constitutional question beyond debate.... [T]he right allegedly violated must be estab lished, not as a broad general proposition, but in a particularized sense so that the contours of the right are clear to a reasonable official. Reichle v. Howards, — U.S. -, 132 S.Ct. 2088, 2093-94, 182 L.Ed.2d 985 (2012) (second alteration in original) (citations and internal quotation marks omitted). Otherwise stated, to determine whether a right is clearly established, courts must determine “whether (1) it was defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has confirmed the existence of the right, and (3) a reasonable defendant would have understood that his conduct was unlawful.” Doninger v. Niehoff, 642 F.3d 334, 345 (2d Cir.2011); see also Johnson, 239 F.3d at 250 (<HOLDING>). There cannot be much debate that as a general 
 Holding statements: (A) holding that second element of qualified immunity test is whether the law violated was clearly established (B) holding that the defendants were not entitled to qualified immunity where it was not objectively reasonable for them to believe that failing to develop ieps which contained the required information did not violate the plaintiffs statutory rights (C) holding that qualified immunity applies if either a the defendants action did not violate clearly established law or b it was objectively reasonable for the defendant to believe that his action did not violate such law internal quotation marks omitted (D) holding that qualified immunity turns upon the objective legal reasonableness of the officers action assessed in light of the legal rules that were clearly established at the time the action was taken internal quotation marks and citation omitted (E) holding that qualified immunity analysis begins with the court asking whether the plaintiffs allegations if true establish a constitutional violation internal quotation marks omitted

A:
(C)
****