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.

until after the interview ended. Defendants therefore contend that we should ignore contrary testimony by Whalen and Connelly. On summary judgment, however, we do not merely accept the plaintiff's contentions as true. Instead, we must draw all justifiable inferences in the nonmovanfs favor. There is no requirement that inferences favorable to the plaintiff may only be based on evidence that she has submitted to us. Here, the justifiable inference favorable to plaintiff is that a question of fact exists regarding this issue. 6 . The Supreme Court's plurality decision in Al-bright casts some doubt on whether a plaintiff may state a claim for coercion of a confession under both the Fifth and the Fourteenth Amendments. See Albright,-U.S. at-,-,-, -, 114 S.Ct. at 813, 814, 817, 820-21 (<HOLDING>). The Second Circuit has stated that Albright
Holding statements: (A) holding that false arrest supports a claim against state police under 1983 because it violates the fourth amendment (B) recognizing 1983 substantive due process claim (C) holding that when a prisoners deliberate indifference claim is covered by the eighth amendment the substantive due process claims are duplicative and thus the substantive due process claims should be dismissed (D) holding that warrantless arrest based on probable cause did not violate the fourth amendment (E) holding in five separate opinions that 1983 claim based on persons arrest cannot be brought under substantive due process where more specific constitutional provision fourth amendment applies
(E)

policy, (DE 50, pg. 35), count 6 of the amended complaint is a claim for rescission of the life insurance policies based on "the brokers" fraudulent actions allegedly committed in violation of the brokerage agreements. (DE 50, pg. 33-34). This Court therefore RECOMMENDS that the District Court GRANT the Mo tion to Compel Arbitration as to Defendants Richardson and LBEG. See Provident Bank, 141 F.Supp.2d at 313-314 (granting motion to compel arbitration of claims including fraud, breach of fiduciary-duty, negligence, and rescission where arbitration clause provided that all disputes 'arising out of the agreement were to be settled by arbitration, and because all the claims arose out of alleged breaches of duty imposed by the parties' loan agreement); Sease, 697 F.Supp. at 1192-1193 (<HOLDING>) (citing Shearson Hayden Stone, Inc., 671 F.2d
Holding statements: (A) holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy arising out of or relating to this agreement breach thereof or any aecounts (B) holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement (C) holding that a clause covering any controversy or claim related directly or indirectly to this agreement was a broad arbitration clause (D) holding that a clause requiring arbitration of any controversy or claim that shall arise out of this agreement or the breach thereof was sufficiently broad to cover a 1934 securities act claim involving fraudulent misrepresentation (E) holding that the language of the arbitration clause any controversy or claim arising out of was broad enough to encompass the plaintiffs claim alleging fraud in the inducement of the contract
(A)

lower courts are generally in agreement that it is not appropriate to award monetary damages for Title VI violations. See Lieberman v. University of Chicago, 660 F. 2d 1185 (CA7 1981) (Title IX case), cert. denied, 456 U. S. 937 (1982); Drayden v. Needville Independent School District, 642 F. 2d 129, 133 (CA5 1981); Nabke v. HUD, 520 F. Supp. 5, 10-11 (WD Mich. 1981); Concerned Tenants Assn. v. Indian Trails Apartments, 496 F. Supp. 522, 526-527 (ND Ill. 1980); Rendon v. Utah State Dept. of Employment Security Job Service, 454 F. Supp. 534 (Utah 1978). See also C. Antieau, Federal Civil Rights Acts 317 (1980); 2 N. Dorsen, P. Bender, B. Neuborne, & S. Law, Political and Civil Rights in the United States 608 (4th ed. 1979). But cf. Miener v. Missouri, 673 F. 2d 969, 977-979 (CA8 1982) (<HOLDING>); Gilliam v. City of Omaha, 388 F. Supp. 842
Holding statements: (A) holding that post2001 new york was clearly subject to suit under section 504 of the rehabilitation act (B) recognizing there is some confusion among the circuit courts as to the availability of damages under 504 of the rehabilitation act and without expressing an opinion on the matter noting that courts generally agree damages are available for violations of 504 (C) holding that damages may be recovered under 504 of the rehabilitation act of 1973 which was considered to be closely analogous to title vi (D) holding that because the proper defendant in a title vi case is an entity rather than an individual plaintiff could not be sued in his individual capacity under title vi (E) holding that punitive damages may not be awarded in suits brought under 202 of the ada and 504 of the rehabilitation act
(C)