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.
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Question: lease, for the first time in his reply brief, thus, he has waived it. In most circumstances a litigant who fails to raise an argument until his reply brief wül be deemed to have waived that argument. Wilson v. O’Leary, 895 F.2d 378, 384 (7th Cir. 1990). This case is before us, however, on a motion for dismissal pursuant to Rule 12(b)(6). The inquiry we are faced with is whether the plaintiff can prove any set of facts to support his allegation. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). This court has held that when reviewing Rule 12(b)6) motions, we wül consider new factual allegations raised for the first time on appeal provided they are consistent with the complaint. See Hrubec v. National R.R. Passenger Corp., 981 F.2d 962, 963-64 (7th Cir.1992) (<HOLDING>); Dawson v. General Motors Corp., 977 F.2d 369, 
 Holding statements: (A) holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint (B) holding that the essential inquiry in conversion of a rule 12b6 motion to a rule 56 motion is whether the appellant should reasonably have recognized the possibility that the motion might be converted into one for summary judgment or was taken by surprise and deprived of a reasonable opportunity to meet facts outside the pleadings (C) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (D) holding that class claims that fail to meet the requirements of rule 23 may be properly dismissed by granting a rule 12b6 motion (E) holding that plaintiff cannot introduce new allegations or new facts in opposition to a motion to dismiss

Answer: (C)


Question: The State Defendants also cite to cases from other circuits refusing to apply Ex Parte Young in suits challenging statutorily-created private rights of action. Okpalobi, 244 F.3d at 416-24; Children’s Healthcare is a Legal Duty, Inc. v. Deters, 92 F.3d 1412, 1416-17 (6th Cir.1996); see also Summit Med. Assocs., 180 F.3d at 1342. Their holdings are unsurprising given that no state officials were charged with enforcing those laws. However, in the case before me, certain state officials are expressly charged with enforcing the law. Indeed, the Eleventh and Sixth Circuits distinguished the cases before them from cases challenging penal laws enforceable by state officials, finding the latter suitable for application of Ex Parte Young. See Summit Med. Assocs., 180 F.3d at 1337-41 (<HOLDING>); Deters, 92 F.3d at 1416 n. 10 (distinguishing 
 Holding statements: (A) holding that the statute as applied violates the commerce clause (B) holding no error occurred in excluding portion of statement offered by defendant because the rejected portion of the conversation in no manner explains or modifies that portion of the conversation which came into evidence (C) holding that an offender convicted under the bestiality portion of the criminal sodomy statute does not have standing to challenge the constitutionality of die portion of the statute that criminalizes homosexual conduct (D) holding that clear language in one portion of a later may cause ambiguity in another portion to dissipate (E) holding that ex parte young applied to plaintiffs claims against the criminal portion of the statute

Answer: (E)


Question: raised a material issue of fact regarding the objective component of an Eighth Amendment claim. See id. at 1169. The inmate must also allege “that a defendant prison official [has] a culpable state of mind, that he or she acts or fails to act with deliberate indifference to inmate health and safety.” Id. at 1168. Mr. Tennyson’s alleged deprivations fall far short of what our cases require for an Eighth Amendment claim. In Gee we dismissed a prisoner’s Eighth Amendment claim based on the confiscation of his canteen items, a deprivation of hygiene items for approximately 25 hours, and his incarceration in an isolation cell for four weeks as failing to state a plausible claim of a constitutional violation. 627 F.3d at 1192; see also Trujillo, 465 F.3d at 1225 n. 17 (10th Cir.2006) (<HOLDING>); Olson v. Stotts, 9 F.3d 1475, 1477 (10th 
 Holding statements: (A) recognizing probable cause as complete defense to a claim of malicious prosecution in new york internal quotation marks and brackets omitted (B) holding that the act of slamming  is objectively sufficiently serious to state a claim for relief under the eighth amendment alterations and some internal quotation marks omitted (C) holding that under massachusetts law a mortgagor has standing to challenge  a mortgage assignment as invalid ineffective or void internal quotation marks omitted (D) holding the deprivation of the inmates property interest in his mail is not a cognizable constitutional injury given the availability of adequate state postdeprivation remedies under new york law internal quotation marks omitted (E) holding prisoners allegations of limited access to employment education housing assignment religious programming recreation time and equipment telephone and commissary did not demonstrate a deprivation of the minimal measure of lifes necessities as required to state an eighth amendment claim internal quotation marks omitted

Answer:
(E)