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: Jones v. Wilson (In re Wilson), 72 B.R. 956 (Bankr. M.D.Fla.1987); McCullough v. Suter (In re Suter), 59 B.R. 944 (Bankr.N.D.Ill.1986). Palmer argues that the BAP erred in distinguishing among the various subsections of section 523 on the issue of the discharge of punitive damages. He notes that courts have found that punitive damages are nondischargeable under section 523(a)(4), which bars discharge of debts "for fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny," 11 U.S.C. 523(a)(4), and under section 523(a)(6), which bars discharge of debts "for willful and malicious injury by the debtor to another entity or to the property of another entity," 11 U.S.C. 523(a)(6). See, e.g., Klemens v. Wallace (In re Wallace), 840 F.2d 762 (10th Cir.1988) (<HOLDING>); Moraes v. Adams (In re Adams), 761 F.2d 1422,
Holding statements: (A) holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable (B) holding that punitive damages are not fines (C) holding punitive damages nondischargeable under 523a6 when such damages are based on the same conduct as the underlying nondischargeable judgment (D) holding without discussion of the punitive damages issue that both actual and punitive portions of judgment for defalcation while acting in a fiduciary capacity were nondischargeable (E) holding a court may not award punitive damages

Answer: (A)

Question: remanded for further proceedings. REVERSED AND REMANDED 1 . In the original petition in the Sullivan Suit, Ms. Sullivan averred that she was represented by a power of attorney appointing Mr. Ban-daries as her attorney in fact and caregiver and granting him "full power and authority and in her name and behalf" to "conduct, man .2d 166, 171 (1971) (report stating that plaintiff had been indicted for adultery was libelous per se); see also Donati v. Queens Ledger Newspaper Group, 240 A.D.2d 696, 659 N.Y.S.2d 306 (1997) (reversing dismissal of defamation claim where plaintiff alleged that item in newspaper was capable of defamatory connotation that plaintiff had been engaged in a longstanding extramarital affair). But see Marleau v. Truck Ins. Exchange, 333 Or. 82, 37 P.3d 148, 156 (2001)
Holding statements: (A) holding that under south carolina law slander is actionable per se where plaintiff is alleged to have committed adultery (B) holding that statements that insinuated that plaintiff was an adulteress were actionable as slander per se under missouri law (C) recognizing that slander per se is actionable without a showing of actual or special damages (D) holding that statement made to plaintiffs neighbors that plaintiff committed adultery was not slander per se because adultery is no longer a crime under oregon law (E) holding that statements imputing adultery are defamatory under louisiana law

Answer: (D)

Question: founded upon conclusory, vague or general allegations, but must instead, allege facts that show the existence of the asserted constitutional rights violation recited in the complaint and what each defendant did to violate the asserted right." Terrance v. Northville Reg'l Psychiatric Hosp., 286 F.3d 834, 842 (6th Cir.2002). Further, "a supervisory official's failure to supervise, control or train the offending individual is not actionable unless the supervisor either encouraged the specific incident of misconduct or in some other way directly participated in it." Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir.1999)(internal quotation marks omitted). Moniz's general allegations of Cox's failure to supervise and investigate are insufficient to state a claim under these standards. See id. (<HOLDING>). In sum, we agree with the district court that
Holding statements: (A) holding that supervisory liability under 1983 must be based on active unconstitutional behavior and cannot be based upon a mere failure to act internal quotation marks omitted (B) holding that a rule 26b application based on ineffective assistance cannot function to save the underlying substantive claim from procedural default internal quotation marks omitted (C) recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted (D) holding that state officials cannot have been expected to predict the future course of constitutional law internal quotation marks omitted (E) holding that individual liability under 1983 must be based on personal involvement in the alleged constitutional violation

Answer:
(A)