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. 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.
question:
hold that a court of appeals may not award a new trial on the basis of an erroneous eviden-tiary decision” in the absence of a post-verdict motion. Fuesting v. Zimmer, Inc., 448 F.3d 936, 939 (7th Cir.2006). Likewise, in Metcalf v. Bochco, 200 Fed.Appx. 635, 637 n. 1 (9th Cir.2006), the Ninth Circuit stated that Unitheim "deals with the specific situation of a party’s failure to renew, post-verdict, a Rule 50 motion challenging the sufficiency of the evidence in a civil jury trial” and reasoned that "Unitherm is inapposite” to Metcalf's case because the appellants did not "challenge the sufficiency of the evidence on appeal.” 3 . Our circuit has repeatedly accepted such claims of retaliation for taking FMLA leave. See, e.g., Arban v. West Publ’g Corp., 345 F.3d 390, 403 (6th Cir.2003) (<HOLDING>); Wysong v. Dow Chemical Co., 503 F.3d 441, 
 Holding statements: (A) holding that employers oral denial of plaintiffs request for fmla leave showed interference (B) holding that  825220c is a reasonable interpretation of the statutes prohibition on interference with and restraint of employees rights under the fmla  2615a1  and that the labor departments conclusion that employer use of the taking of fmla leave as a negative factor in employment actions  violates  the act is  a reasonable one (C) holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave (D) holding that there was sufficient evidence to support the jurys conclusion that west retaliated against arban for taking leave under the fmla (E) holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla
answer:
holding that employers oral denial of plaintiffs request for fmla leave showed interference


question:
of whether the images on the site constituted child pornography, the receipt shows Shiver’s familiarity with making commercial transactions for pornographic images on the Internet. The government also presented evidence specifically showing that the image of one child in particular had been produced in North Carolina. That the latter image ended up on Shiver’s computer in Florida strongly suggests that it traveled in interstate commerce. We likewise reject Shiver’s contention that the government’s evidence was insufficient to support the jury’s conclusion that he “knowingly possessed” the images of child pornography on his computer. Although we have interpreted the meaning of “knowing possession” in other contexts, see, e.g., United States v. Glover, 431 F.3d 744, 748 (11th Cir.2005) (<HOLDING>) (quotation omitted), we have not yet had 
 Holding statements: (A) holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession (B) holding in a similar factual situation that the bankruptcy court had no jurisdiction because it had no actual or constructive possession of the letters of credit involved (C) recognizing theory of constructive possession (D) holding that constructive possession need not be exclusive but may be shared by others (E) holding that k no wing possession can be demonstrated by proof of either actual or constructive possession
answer:
holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession


question:
official capacity as members of the Louisiana Air National Guard, which was in turn acting under color of state law. 10 . The Court also notes that, in their opposition to the State Defendants’ motion for summary judgment, Plaintiffs concede that Thomas is a “state police officer.” Rec. Doc. 51, p. 29. 11 . Although this issue was not raised by the parties, the Court also notes that according to "long and clearly established Supreme Court precedent ... neither a State nor its officials acting in their official capacities are 'persons’ under § 1983,” and thus neither a State nor its officials are amenable to suit under §§ 1983, 1985, or 1986. Fairley v. Stalder, 294 Fed.Appx. 805, 808-809 (5th Cir.2008); Bryant v. Military Dept. of State of Miss., 381 F.Supp.2d 586, 592 (S.D.Miss.2005) (<HOLDING>). Thus, Plaintiffs’ official ca pacity claims 
 Holding statements: (A) holding that claims under  1983 1985 and 1986 are barred for the further reason that these statutes create rights solely against persons and a state is not considered a person under these statutes (B) holding that these statutes are not intended to create a duty where none exists but to preserve any that do exist (C) holding housing statutes create no rights in tenants for purposes of section 1983 (D) holding these two statutes are not criminal offenses and only affect sentencing (E) holding state is not a proper defendant under  1985
answer:

holding that these statutes are not intended to create a duty where none exists but to preserve any that do exist