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. 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.
question:
548 U.S. at 518, 126 S.Ct. at 2667 (Scalia, J., joined by Chief Justice Roberts and Justices Thomas and Alito, concurring in part and dissenting in part) (concluding that “compliance with § 5 of the Voting Rights Act can be [a compelling state] interest ... [otherwise] a State could be placed in the impossible position of having to choose between compliance with § 5 and compliance with the Equal Protection Clause”). And we conclude that a plan will be narrowly tailored to achieve that interest when the race-based action taken was reasonably necessary under a constitutional reading and application of the Act. See Miller v. Johnson, 515 U.S. 900, 921, 115 S.Ct. 2475, 2490-91, 132 L.Ed.2d 762 (1995); see also Shaw v. Hunt, 517 U.S. 899, 916, 116 S.Ct. 1894, 1906, 135 L.Ed.2d 207 (1996) (<HOLDING>); United Jewish Orgs. of Williamsburgh, Inc. v. 
 Holding statements: (A) holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation (B) holding that where the claimed interest is avoidance of liability under section 2 the legislative action must at a minimum remedy the anticipated violation or achieve compliance to be narrowly tailored (C) holding that liability may not be imposed on supervisory personnel under  1983 where at best the plaintiff has merely claimed that the appellants were aware of alleged violation but did not take appropriate action (D) holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory (E) holding that individual liability under  1983 must be based on personal involvement in the alleged constitutional violation
answer:
(B)


question:
denial of the conversation with Fultz appears for the first time in the form of an affidavit, completed one day before her response to Lockheed’s motion for summary judgment and four months after the deposition. In evaluating whether an employee has been disciplined or terminated “because of’ a protected trait, we must “look at the facts as. they appear to the person making the decision.” Kendrick, 220 F.3d at 1231; Bullington v. United Air Lines, Inc., 186 F.3d 1301, 1318 (10th Cir.1999) (noting that “[t]he relevant inquiry is not whether [the employer’s] proffered reasons were wise, fair or correct, but whether [the employer] honestly believed those reasons and acted in good faith upon those beliefs.”); see also McKnight v. Kimberly Clark Corp., 149 F.3d 1125, 1129 (10th Cir.1998) (<HOLDING>). Before issuing the reprimand, Dixon informed 
 Holding statements: (A) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false (B) holding that where the employer fired the plaintiff upon a good faith belief that he sexually harassed coworkers the plaintiff could not prove pretext by challenging the harassment allegations (C) holding that the district court did not err in finding that the plaintiff failed to provide adequate notice of new allegations where the plaintiffs complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment (D) holding that a plaintiff failed to state a claim based on conclusory allegations that a locality failed to adequately supervise officers in the proper use of force where the complaint provided no factual allegations of known widespread conduct by the localitys employees comparable to that alleged as to the plaintiff (E) holding that evidence of other allegations of torture was inadmissible in part because it was not similar to the allegations made by defendant
answer:
(A)


question:
plans may effectively limit them to services offered at Grant does not alter this conclusion. If plaintiffs’ practice of pain medicine is, as Dr. Leak avers, truly more cost effective than traditional pain management used by anesthesiologists, then both the hospitals at which plaintiffs have privileges and plaintiffs have a competitive advantage over the defendant anesthesiologists. See Dr. Leak affidavit para. 24 & exhibit D. If pain medicine is more cost-effective than traditional pain management, then in an open and competitive marketplace managed care insurance plans should eventually be more inclined to designate those hospitals at which pain medicine is practiced. See Capital Imaging Assoc., P.C. v. Mohawk Valley Medical Assoc., Inc., 725 F.Supp. 669, 673 (N.D.N.Y. 1989) (<HOLDING>). In these circumstances, the Court concludes 
 Holding statements: (A) recognizing right to privacy in receipt of health care services to the extent consistent with providing adequate medical care and the safety and good order of the facility (B) holding whistleblower protections available under the washington health care act rcw 4370075 adequately promoted workplace safety ensured compliance with the accepted standard of care and prevented fraudulent billing in the health care industry (C) recognizing that the selective nature of managed care insurance plans is procompetitive and reduces health care costs (D) holding claim that negligent supervision caused assault was health care liability claim because it was inseparable from the health care and nursing services provided (E) holding that standard of care need not be listed separately in report when same standard applies to each health care provider
answer:

(C)