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.

Ex Input:
375 F.3d 1341 (Fed.Cir.2004). Since, as we explain below, sufficient evidence supports the jury’s verdict, we need not consider whether the District’s failure to move for judgment as a matter of law at the close of its own case (as opposed to at the close of Smith’s case) further limits our review “to considering whether the verdict is so unsupported by the evidence that allowing it to stand would constitute a manifest miscarriage of justice,” Fredrick, 254 F.3d at 162. The District presents two fact-based challenges to the jury’s verdict. First, it argues that the jury could not have reasonably concluded that the District had a deliberately indifferent policy or custom under Monell v. New York City Department of Social Services, 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (<HOLDING>). Second, it claims that even had such a policy 
 Holding statements: (A) holding that discrimination against a municipal employee could trigger municipal liability under  1983 through official policy or custom (B) holding that county liability under  1983 cannot rest on a theory of respondeat superior (C) holding that conditionsofconfinement claims must be brought in 42 usc  1983 civil rights complaint rather than in habeas petition (D) recognizing respondeat superior liability (E) holding that municipal liability for purposes of claims brought under 42 usc  1983 must stem from an unconstitutional policy or custom rather than simply from respondeat superior

Ex Output:
holding that discrimination against a municipal employee could trigger municipal liability under  1983 through official policy or custom


Ex Input:
the harassment,” Murray, 57 F.3d at 250. As the Second Circuit has recognized, “not every response to a complaint should take the form of discharge;” even a mere written warning can be an appropriate response if it conveys the message that further harassment will not be tolerated. Kotcher, 957 F.2d at 63; see also Torres, 116 F.3d at 639 (“[R]esolution will vary from case to case.”). By far the best evidence that Metro-North’s response was effective is that plaintiff has not been sexually harassed by Chapman or any other Metro-North employee since meeting with Ms. Gormley-O’Connor, see Wahlstrom Dep. at 30, 248, nor has Chapman been accused of accosting any other employees since returning from his suspension, see Chapman Dep. at 64, 279; Sinigiani Dep. at 49; cf. Murray, 57 F.3d at 251 (<HOLDING>). Therefore, while factual issues exist as to 
 Holding statements: (A) holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination (B) holding that where the plaintiffs allegations concerning a hostile work environment consist of facts that occurred more than one year before the filing of the complaint such a claim is timebarred (C) holding that allegations of failure to remedy a hostile work environment provided no basis for relief where the evidence demonstrated that the harassment had ended by the time plaintiffs complaint was filed (D) holding that the allegations of plaintiffs coemployees of sexual harassment by manager were irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of the alleged harassment (E) holding that a charge that alleged discrimination on the basis of sex did not support a complaint for hostile environment sexual harassment

Ex Output:
holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination


Ex Input:
not only is the mens rea lacking, but the actual ability to cause death or bodily harm has not been demonstrated. It is well established that there can be no conviction for reckless endangerment without a present ability to inflict harm. See Commonwealth v. Gouse, 287 Pa. Super. 120, 429 A.2d 1129 (1981). “In construing the Crimes Code section on recklessly endangering, this court has recently determined that the common-law assault requirement of actual present ability to inflict harm must be shown in order to support a conviction under the statute.” Gouse at 124, 429 A.2d at 1131. Further, “the mere apparent ability to inflict harm is not sufficient. Danger, and not merely the apprehension of danger, must be created.” Commonwealth v. Reynolds, 835 A.2d 720, 728 (Pa. Super. 2003) (<HOLDING>). Without evidence that the defendant was, in 
 Holding statements: (A) holding that evidence was sufficient to establish aggravated assault where appellant was seen pointing and firing a gun at two women (B) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept (C) holding that although pointing an unloaded gun would generally not be sufficient to support a conviction for recklessly endangering another person where the commonwealth presented evidence that there was at least one bullet in the gun a conviction could stand (D) holding that evidence was sufficient to prove defendant constructively possessed the gun where although defendant denied ownership of the gun it was found near a knife of which defendant claimed ownership and where defendant was aware of the presence of the gun (E) holding that an unloaded gun used in the commission of an aggravated assault is a deadly weapon

Ex Output:

holding that evidence was sufficient to establish aggravated assault where appellant was seen pointing and firing a gun at two women