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.
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conclude that the Civil Rights Act of 1991 did not render Title VII and § 1981 the exclusive remedies for employment discrimination by a municipality and its employees, thereby preempting a constitutional cause of action under § 1983. Accordingly, we affirm the district court’s order denying the defendants’ motion to dismiss Johnson’s § 1983 claims. AFFIRMED. 1 . Count Eight asserts a 42 U.S.C. § 1985 claim against the individual defendants for alleged conspiracy to violate Johnson's § 1981 and Thirteenth Amendment rights. This count is not at issue on this appeal. 2 . The defendants also moved to dismiss the § 1981 claim. The district court granted dismissal against the City only, citing Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 733, 109 S.Ct. 2702, 2722, 105 L.Ed.2d 598 (1989) (<HOLDING>). 3 .We review de novo a question of law 
 Holding statements: (A) holding that  1983 is the exclusive federal remedy for violation of the rights guaranteed in  1981 by state governmental units (B) holding that title vii provides the exclusive judicial remedy for claims of discrimination in federal employment (C) holding that title vii of the civil rights act of 1964 provides the exclusive remedy for claims of employment discrimination by federal agencies (D) holding that where it is alleged that state has violated rights conferred by constitution governmental immunity is not available in state court action but declining to infer a right to sue the state for damages on the basis of a violation of the michigan constitution (E) holding that  1983 does not provide a remedy if there is no violation of federal law
answer:
holding that title vii provides the exclusive judicial remedy for claims of discrimination in federal employment


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plain error review because he did not object to the admissibility of the reports or to the testimony by Detective Duft about the report. See State v. Parker, 350 N.C. 411, 427, 516 S.E.2d 106, 118 (1999) (plain error is error “so fundamental as to amount to a miscarriage of justice or which probably resulted in the jury reaching a different verdict than it otherwise would have reached.”). Indeed, Defendant never disputed that the material was cocaine. He chose not to defend on that basis, but rather focused on portraying himself as a homeless person making a delivery in exchange for beer and cigarettes. Since the identity of the substance was not challenged, the admission of the laboratory reports was harmless error. See State v. Edwards, - N.C. App. -,-, 621 S.E.2d 333, 337 (2005), (<HOLDING>); State v. Thompson, 110 N.C. App. 217, 225, 
 Holding statements: (A) holding that trial delay for dna testing was attributable to the state but was mere negligence (B) holding that failure to require production of dna testing protocols was harmless beyond a reasonable doubt when the defendant did not dispute that he committed the crimes at issue but rather argued that he was mentally impaired (C) holding that the sixth amendment confrontation clause violation in that case was harmless beyond a reasonable doubt and therefore did not require the conviction to be overturned (D) holding that harmless beyond a reasonable doubt analysis not applicable in habeas cases (E) holding the state failed to meet its burden of showing the erroneous jury instruction was harmless beyond a reasonable doubt where it did not address the issue on appeal
answer:
holding that trial delay for dna testing was attributable to the state but was mere negligence


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that defendant intended to cause pain and actually caused, such pain or that the killing was senseless. Ibid. Thus, if the photo is not relevant to that definition of depravity, it should not be admitted. See Pitts, supra, 116 N.J. at 638, 562 A.2d 1320 (stating that autopsy photo had only limited relevance to depravity factor). The Court has been much more reluctant to admit graphic photos to prove the felony-murder aggravating factor. In Bey III, supra, it held that autopsy photos were not admissible to prove that the murder had occurred in the course of a rape and a robbery because substantial testimony had been introduced to prove that fact and because the defense had never contested the factor. 129 N.J. at 609, 610 A.2d 814; see also Moore, supra, 122 N.J. at 469, 585 A.2d 864 (<HOLDING>). As we have concluded, supra at 387-389, 700 
 Holding statements: (A) holding that the death of a victim may not be considered an aggravating factor in a homicide sentencing (B) holding evidence sufficient to support aggravating factor of old age (C) holding allegedly gruesome photos relevant to proving aggravating circumstance (D) holding that photos were not needed to prove felonymurder aggravating factor (E) recognizing attorneys substantial experience in the practice of law as an aggravating factor
answer:

holding that the death of a victim may not be considered an aggravating factor in a homicide sentencing