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.
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Question: 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

Answer: holding that punitive damages may be awarded for egregious violations of the lmrda


Question: it was given voluntarily. If these questions are resolved in favor of the State, then, without being advised of the court’s decision, the jury shall be instructed that they should decide whether in view of all the same circumstances the defendant’s confession is true. If they find that it is not true, then they must treat it as inadmissible and disregard it for purposes of discharging them function as fact finders on the ultimate issue of guilt or innocence. [Id. at 272, 294 A.2d 23.] See also State v. Thomas, 76 N.J. 344, 366, 387 A.2d 1187 (1978) (reaffirming Hampton principle that trial court is sole arbiter of voluntariness of defendant’s statements and rejecting defendant’s invitation to overrule decision); State v. Bowman, 165 N.J.Super. 531, 537-39, 398 A.2d 908 (App.Div.1979) (<HOLDING>). The New Jersey Rules of Evidence codified the 
 Holding statements: (A) holding prosecutors statement to jury on summation that trial court had previously found defendants two confessions voluntary constituted reversible error even though trial court gave hampton charge because it failed to instruct jury to disregard prosecutors statement (B) holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge (C) holding that improper statement was rendered harmless because the district court sustained the defendants objection  and admonished the jury to disregard the statement (D) holding no injury to ashley shown by statement to widow of murder victim that was not in evidence because trial court gave sua sponte instruction to jury to disregard statement and statement did not contradict ashleys testimony (E) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error

Answer: holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge


Question: fraud under 18 U.S.C. § 1341; and (3) violation of RICO section 1962(c) through conspiring to violate RICO sections 1962(b) and (e) . Plaintiffs RICO claims against the Business Council are barred under the doctrine of sovereign immunity. The Business Council is an arm of Community government, and as such is presumptively immune from suit. Plaintiffs have not demonstrated that this immunity has been waived. RICO contains no language which suggests Congress “unequivocally” waived Indian tribes’ sovereign immunity, and Plaintiffs have provided no evidence of a Community waiver. Absent a congressional or tribal waiver, the Community, like other sovereigns, is immune from suit for alleged RICO violations. See Snowbird Constr. Co. v. United States, 666 F.Supp. 1437, 1440-41 (D.Idaho 1987) (<HOLDING>); see also McMaster v. State of Minnesota, 819 
 Holding statements: (A) holding that tribal sovereign immunity did not bar rico suit only after concluding that sue and be sued clause in tribal ordinance unequivocally expressed waiver of sovereign immunity (B) holding tribal sovereign immunity protects officers from suit in official but not individual capacity (C) holding that florida does not have jurisdiction in a suit by other persons against an indian tribe absent express waiver of tribal sovereign immunity (D) holding that a senior vice presidents signature to an agreement with an express waiver of sovereign immunity provision did not waive sovereign immunity because that right was reserved exclusively to the tribal council (E) holding that removal to federal court does not waive tribal sovereign immunity

Answer:
holding tribal sovereign immunity protects officers from suit in official but not individual capacity