TASK DEFINITION: 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.
PROBLEM: unpublished decisions, “[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim.” Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether “there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation” in assessing whether the district court’s abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir. 
 Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits

SOLUTION: (E)

PROBLEM: his personal belief that the officer was not lying. The prosecutor stated: “He came in here and told you the truth about what happened” and later reiterated, “This officer didn’t commit perjury. He came in here and told you the truth about what happened.” This was improper vouching by “placing the prestige of the government behind a witness through personal assurances of the witness’s veracity ...” United States v. Necoechea, 986 F.2d 1273, 1276 (9th Cir.1993) (citations omitted). Contrary to the government’s assertion, the prosecutor need not invoke the name of the federal government in offering his personal belief — it is sufficient that the personal statement of belief came from the government’s attorney. See, e.g., Carriger v. Stewart, 132 F.3d 463, 482 (9th Cir.1997) (en banc) (<HOLDING>). Second, the prosecutor vouched for Officer 
 Holding statements: (A) holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment (B) holding that it was improper for prosecutor to state he did not lie to you he is a lot of things but he is not a liar (C) holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present (D) holding that the defendant could not appeal a jury instruction where he did not object to the challenged instruction but in fact requested it and stated he was satisfied with it (E) holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail

SOLUTION: (B)

PROBLEM: July 15, 2013). 101 . We also note that the testimony indicates that Gerald’s physical abuse of Ploof and the most egregious sexual abuse occurred in Ploof’s late teens and early adulthood, not in his early childhood. 102 . Callahan v. Campbell, 427 F.3d 897, 937 (11th Cir.2005) (citing Francis v. Dugger, 908 F.2d 696, 703 (11th Cir.1990)) (reasoning that the physical abuse a habeas petitioner suffered as a child was less weighty when the defendant was thirty-five years old at the time of the murder). In Callahan (which discussed Williams and Wiggins), there was evidence that the petitioner’s father frequently beat and raped his mother and physically abused the petitioner. Id. at 920; see also Newland v. Hall, 527 F.3d 1162, 1217 (11th Cir.2008) (citing Callahan, 427 F.3d at 937) (<HOLDING>). 103 . See Porter v. McCollum, 558 U.S. 30, 
 Holding statements: (A) holding that the state court ruling was objectively unreasonable where prosecution failed to present sufficient evidence that the petitioner murdered a known drug dealer although the state established that the petitioner planned to rob drug dealers for drugs or money the victim was a known drug dealer who kept drugs in his freezer and that freezer was open and empty after the homicide the petitioner and the victim had engaged in drug transactions in the past the petitioner had a motive because he had seen the victim make a pass at the petitioners girlfriend and the petitioner had possessed and once purchased the murder weapon and a similar gun was seen in his home two weeks before the murder evidence placing the petitioner at the scene was conspicuously absent leaving only a reasonable speculation that the petitioner was present (B) holding that maternal grandmother had standing to intervene in pending sapcr to seek managing conservatorship of child pursuant to former section 102004b and section 102004a where she had substantial past contact with child there was evidence of abuse and neglect of child by mother and mother had been arrested and had subsequently engaged in bizarre and dangerous behavior towards child had attacked grandmother with frying pan and hedge clippers and had been involuntarily committed to psychiatric center all of which established serious and immediate concern for welfare of child (C) holding that a habeas petitioner must show that counsels errors  actually prejudiced him (D) holding evidence of outofstate instances of abuse admissible in child sexual abuse case to show intent opportunity and relationship between defendant and victim (E) holding that a petitioner had not been prejudiced by his counsels failure to present child abuse evidence and noting that several decades had elapsed between the murder and the abuse

SOLUTION:
(E)