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: with the same deficiency — the court should strike his pleading or, depending on the circumstances, dismiss his case and consider the imposition of monetary sanctions.”). We are not, however, convinced that the instant case was one with respect to which a dismissal with prejudice was appropriate under the circumstances. Moreover, a complaint — so long as it is minimally sufficient to put a defendant on notice of the claims against him — will not fail for mere surplusage. See United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003) (“Surplusage can and should be ignored. Instead of insisting that the parties perfect their pleadings, a judge should bypass the dross and get on with the case.”); Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir.2001) (<HOLDING>). We have recognized that “[pleading facts not 
 Holding statements: (A) holding it was not an abuse of discretion to exclude testimony (B) holding failure to exercise discretion is abuse of discretion (C) holding that the appropriate standard of review is abuse of discretion (D) holding that it is an abuse of discretion  to dismiss a complaint merely because of the presence of superfluous matter (E) holding it was not an abuse of discretion to deny funds

A: (D)
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Q: interest” at issue here because “[pjursuant to the Treaty of 1866 and the Thirteenth Amendment, the Cherokee Nation has no authority to treat its Freedmen citizens as anything less than full equals.” Freedmen’s Opp’n to Crittenden’s Mot. Dismiss [Dkt. # 123] at 14. By raising this argument to eviscerate the Nation’s claim of prejudice, the Freedmen are asking the Court to reach the merits of their claims against the Nation. This the Court cannot do. Indeed, the Tenth Circuit has squarely rejected a similar argum pelling claim of sovereign immunity” and finds that the Nation’s interests would be prejudiced if the case were to proceed in its absence. Republic of Philippines, 553 U.S. at 869, 128 S.Ct. 2180; see also Citizen Potawatomi Nation v. Norton, 248 F.3d 993, 1001 (10th Cir.2001) (<HOLDING>) (quoting Davis, 192 F.3d at 960) (internal 
 Holding statements: (A) recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe (B) recognizing a strong presumption favoring arbitrability (C) holding that there is a strong policy favoring dismissal for nonjoinder due to tribal sovereign immunity but that rule 19b factors must still be considered (D) holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity (E) recognizing the strong policy favoring dismissal when a court cannot join a tribe because of sovereign immunity

A: (E)
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Q: Homes, Inc. v. Village of Burnham, 910 F.2d 1474, 1480 (7th Cir.1990), the City argues that a state court action for mandamus would provide all the relief that the plaintiffs seek, precluding their procedural due process claim. These cases rest on the principle that when a state officer acts in a “random and unauthorized” way—by unpredictably departing from state law, for example—the state has no opportunity to provide a pre-deprivation hearing and may instead satisfy due process by providing an adequate post-deprivation remedy. See Easter House v. Felder, 910 F.2d 1387, 1402 (7th Cir.1990) (en banc). But mandamus would be an incomplete remedy here. Pro’s is asking for more than an injunction compelling the City to issue an unrestricted liquor license. Cf. Schwartz, 330 F.3d at 941 (<HOLDING>). The owners of Pro’s seek damages to 
 Holding statements: (A) holding that plaintiffs who sought injunctive relief under 42 usc  1983 could get same relief in a state court mandamus action (B) holding that 42 usc  1983 relief is available in some circumstances where state actions interfere with the bargaining process (C) holding that a state is not a person under 42 usc  1983 (D) holding that a court may award injunctive relief against a state officer (E) recognizing right of prisoners to seek relief under 42 usc  1983 for denial of access to the courts

A:
(A)
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