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]: denial of the conversation with Fultz appears for the first time in the form of an affidavit, completed one day before her response to Lockheed’s motion for summary judgment and four months after the deposition. In evaluating whether an employee has been disciplined or terminated “because of’ a protected trait, we must “look at the facts as. they appear to the person making the decision.” Kendrick, 220 F.3d at 1231; Bullington v. United Air Lines, Inc., 186 F.3d 1301, 1318 (10th Cir.1999) (noting that “[t]he relevant inquiry is not whether [the employer’s] proffered reasons were wise, fair or correct, but whether [the employer] honestly believed those reasons and acted in good faith upon those beliefs.”); see also McKnight v. Kimberly Clark Corp., 149 F.3d 1125, 1129 (10th Cir.1998) (<HOLDING>). Before issuing the reprimand, Dixon informed 
 Holding statements: (A) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false (B) holding that where the employer fired the plaintiff upon a good faith belief that he sexually harassed coworkers the plaintiff could not prove pretext by challenging the harassment allegations (C) holding that the district court did not err in finding that the plaintiff failed to provide adequate notice of new allegations where the plaintiffs complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment (D) holding that a plaintiff failed to state a claim based on conclusory allegations that a locality failed to adequately supervise officers in the proper use of force where the complaint provided no factual allegations of known widespread conduct by the localitys employees comparable to that alleged as to the plaintiff (E) holding that evidence of other allegations of torture was inadmissible in part because it was not similar to the allegations made by defendant
[A]: (A)


[Q]: a habeas petition, and since his administrative remedies are now exhausted, this claim can proceed. B. Fox’s Notification Challenge is Properly Before The Court The second half of Fox’s claim relating to the notification requirement of the statute, see 18 U.S.C. § 4042(c)(2), is properly brought by him as a petition for a declaratory judgment. Notification claims do not relate to the fact or duration of confinement, therefore challenge to a notification requirement is not properly brought as a habeas petition. See Bunn v. Conley, 309 F.3d 1002, 1008-09 (7th Cir. 2002) (“The notification scheme [under 18 U.S.C § 4042(b) governing violent offender notification] in no way affects the duration, much less the fact, of confinement.”); Henrikson v. Guzik, 249 F.3d 395, 397 n. 4 (5th Cir.2001) (<HOLDING>); Royce v. Hahn, 151 F.3d 116, 118 (3d 
 Holding statements: (A) holding that a  2241 petitioners claim was not cognizable under  2241 and therefore the district court lacked jurisdiction (B) holding that because henrikson is not challenging the fact or duration of his confinement subject matter jurisdiction is not present under 28 us  2241 (C) holding that subject matter jurisdiction under  2241 is present in the custodial court when the petition challenges the manner location or condition of a sentences execution (D) holding that under the fsia personal jurisdiction   depends upon the district court finding subject matter jurisdiction under 28 usc  1330a and proper service under 28 usc  1608 (E) holding that district courts have jurisdiction under 28 usc  2241 to review cat claims for errors of law including the erroneous application or interpretation of statutes
[A]: (B)


[Q]: See Sanabria v. United States, 437 U.S. 54, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978);, 5 LaFave, Israel, & King, Criminal Procedure § 25.3(c) (West 1999). A finding of insufficient evidence is equivalent to an acquittal for the purposes of double jeopardy. Richardson v. United States, 468 U.S. 317, 325-26, 104 S.Ct. 3081, 82 L.Ed.2d 242 (1984). 3 . An exception to this bar is when the conviction is overturned on appeal. Ball v. United States, 163 U.S. 662, 16 S.Ct. 1192, 41 L.Ed. 300 (1896); United States v. Tateo, 377 U.S. 463, 466, 84 S.Ct. 1587, 12 L.Ed.2d 448 (1964). 4 . The Double Jeopardy Clause applies to both individuals and corporations. United States v. Martin Linen Supply Co., 430 U.S. 564, 97 S.Ct. 1349, 51 L.Ed.2d 642 (1977). 5 . Compare Brown, 432 U.S. at 169, 97 S.Ct. 2221 (<HOLDING>) with Ciucci v. Illinois, 356 U.S. 571, 78 
 Holding statements: (A) holding that a bargainedfor plea waives the right to attack multiple convictions on double jeopardy grounds (B) holding that the prosecution cannot divide a single crime into multiple units to avoid double jeopardy (C) holding that multiple convictions under  924c cannot be based on offenses forming a single unit of prosecution (D) holding that a defendant and his attorney are a single entity with respect to double jeopardy waiver (E) holding the first question for purposes of a double jeopardy analysis is whether congress expressed its intent concerning multiple convictions at a single trial for different statutory violations arising from the same act or transaction
[A]:
(B)