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: relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of  presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action

A: (B)
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Q: interest of safety and security at the institution. Accordingly, the order of the district court denying Hyde’s petition for writ of habeas corpus is affirmed in part and reversed in part. Chief Judge LANSING and Judge PERRY concur. 1 . Roles was addressed in the context of FERPA. However, as we discuss below, there is no distinction between FERPA’s compelling govern mental interest standard and that embodied in RLUIPA. 2 .Some states along with the Federal Bureau of Prisons allow sweat lodges and other Native American religious practices at maximum security prisons. See Pounders v. Kempker, 79 Fed. Appx. 941, 943 n. 2 (8th Cir.2003) (noting that Missouri eventually built a sweat lodge at its maximum security Potosi Correctional Center); Allen v. Toombs, 827 F.2d 563 (9th Cir.1987) (<HOLDING>); Morrison v. Cook, 1999 WL 717218, *4 (D.Or. 
 Holding statements: (A) holding that removal from house arrest and return to general prison population was a matter of inmate classification (B) holding that africanamerican plaintiffs claims that defendants should have known that placing him in a jail with a large population of white inmates put him at risk of being attacked were without merit because the plaintiff had not alleged any specific facts which would show that he was in danger of being assaulted by the other inmates (C) holding that prison conditions are those aspects of prison life affecting the entire prison population (D) recognizing general rule (E) recognizing that general population inmates at oregon maximum security prison were allowed to participate in weekly sweat lodge ceremonies

A: (E)
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Q: Doe, 120 F.3d at 1283; see also Hudson, 522 U.S. at 105, 118 S.Ct. 488 (“To hold that the mere presence of a deterrent purpose renders ... sanctions ‘criminal’ for double jeopardy purposes would severely undermine the Government’s ability to engage in effective regulation .... ”). Aggregate assessment Only two of the Mendozar-Martinez factors arguably indicate a punitive effect: the tie to criminal conduct and the excessiveness of the sanction relative to nonpunitive purposes. Neither one by itself is sufficient to overcome the legislature’s nonpunitive intent. See Hudson, 522 U.S. at 101, 118 S.Ct. 488 (rejecting the Supreme Court’s apparent prior elevation of the excessiveness factor to dispositive status); One Assortment of 89 Firearms, 465 U.S. at 365-66, 104 S.Ct. 1099 (<HOLDING>); Ward, 448 U.S. at 249-50, 100 S.Ct. 2636 
 Holding statements: (A) holding that the accrual of attorneys fees alone is sufficient to establish cause (B) holding that a hearing on a motion to amend to allege punitive damages is not necessary (C) recognizing the financial position of the defendant as a factor in assessing a punitive damages award (D) holding that circumstantial evidence alone may establish discriminatory intent (E) holding that a punitive indication from the tietocriminalconduct factor does not alone establish the necessary clearest proof

A:
(E)
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