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. 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.
question:
and Defendants, therefore, terminated her employment without notice and an opportunity to be heard. A § 1983 claim for deprivation of procedural due process has three elements: “(1) a deprivation of a constitutionally-protected liberty or property interest; (2) state action; and (3) constitutionally-inadequate process.” Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir.2003). Thus, the Due Process Clause protects one’s job only where one has a property right in that job. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Defendants do not dispute that Plaintiff was a non-probationary employee in Alabama’s classified service and, therefore, had a property interest in her position. See Ex parte Moulton, 116 So.3d 1119, 1133-35 (Ala.2013) (<HOLDING>) (quoting Bd. of Regents v. Roth, 408 U.S. 564, 
 Holding statements: (A) recognizing that plaintiff can bring action under due process clause of state constitution (B) holding that the due process clause protects only those liberty interests created by the state (C) holding that a state agency created under state law was a state actor (D) holding that whether children are legitimate for purposes of entitlement to insurance benefits is determined by state law (E) holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment
answer:
(E)


question:
erred in denying without a hearing his claim that trial counsel were ineffective because they “were under a conflict of interest in this case because counsels’ interest in spending the minimum amount of time on a case for which they were receiving no money conflicted with [Movant’s] desire that his case be fully litigated and investigated.... ” The State counters that the trial court did not clearly err in denying this claim because Movant failed to plead facts not refuted by the record demonstrating an actual conflict. To prevail on a claim of ineffective assistance of counsel based on a conflict of interest, a movant must show that an actual conflict of interest adversely affected counsel’s performance. Conger v. State, 356 S.W.3d 217, 221 (Mo.App.E.D. 2011) (quotation omitted) (<HOLDING>). “In order to prove a conflict of interest, 
 Holding statements: (A) holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty  and threatened him if he did not take the plea (B) holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case (C) holding that right to appeal claim of ineffective assistance of counsel alleging that counsel failed to convey plea negotiations timely and adequately inform of consequences of pleading guilty to jury for sentencing waived because plea of guilty to jury was independent of and not supported by alleged ineffective assistance of counsel claims (D) holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty (E) holding that the movant failed to establish that plea counsel coerced him to plead guilty to avoid taking the case to trial
answer:
(E)


question:
Inc. v. Long Island R.R. Co., 70 N.Y.2d 382, 389, 521 N.Y.S.2d 653, 516 N.E.2d 190, (1987), quoted in Langenberg v. Sofair, 2006 WL 3518197, at *4 (S.D.N.Y. Dec.7, 2006). See also Sofi Classic S.A. de C.V. v. Hurowitz, 444 F.Supp.2d 231, 247-48 (S.D.N.Y.2006), quoting Rocanova v. Equitable Life Assurance Soc’y of U.S., 83 N.Y.2d 603, 612 N.Y.S.2d 339, 634 N.E.2d 940, 943-44 (1994) (“To recover punitive damages for a tort claim that ‘arises from’ a related contract claim, a plaintiff must demonstrate that the alleged misconduct was aimed at the public generally and that the misconduct evinced a ‘high degree of moral turpitude’ such as to imply a ‘criminal indifference to civil obligations.’ ”); Merrill Lynch & Co., Inc. v. Allegheny Energy Inc., 382 F.Supp.2d 411, 422 (S.D.N.Y.2003) (<HOLDING>). Sellers have produced no evidence of any 
 Holding statements: (A) holding that exhaustion requirement applies to excessive force claims (B) recognizing fraud in the inducement claims independent of contract claims without discussion of economic loss rule (C) holding claimant did not have to segregate fees between fraud and contract claims because both claims were based on the same set of facts and circumstances (D) holding that sovereign immunity also applies to cross claims and third party claims (E) holding that the public harm requirement applies to fraudulent inducement claims because the fraud claims arise from related contract claims
answer:

(E)