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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Question: created a policy or custom under which unconstitutional practices occurred, or allowed the continuance of such a policy or custom, (4) the defendant was grossly negligent in supervising subordinates who committed the wrongful acts, or (5) the defendant exhibited deliberate indifference ... by failing to act on information indicating that unconstitutional acts'were occurring. Id. at 127 (citing Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir.1995)). The Supreme Court's decision in Iqbal, 556 U.S. 662, 129 S.Ct. 1937, which found that a supervisor can be held liable only "through the official's own individual actions," id. at 676, 129 S.Ct. 1937, arguably casts doubt on the continued viability of some of the categories set forth in Hastings On Hudson and Colon. See Grullon, 720 F.3d at 139 (<HOLDING>). For the purposes of this case, however, it is
Holding statements: (A) holding the same with respect to an apartment (B) holding that no heightened showing is required (C) holding the same with respect to violations of the fifth amendment (D) recognizing that opinion work product subject to discovery upon heightened showing of compelling need (E) recognizing chat iqbal may have heightened the requirements for showing a supervisors personal involvement with respect to certain constitutional violations

Answer: holding the same with respect to an apartment

Question: likely causes of the engine failure are related to components of the oil delivery system, components of the cylinder assembly, cracked crankcase or an oil leak in general, etc." As such, the Court finds that Mr. Klepacki's opinion regarding the more likely causes of engine failure should be excluded. Plaintiffs Expert Donald Sommer Even assuming, without deciding, that Mr. Sommer is qualified to testify as an expert on piloting and accident reconstruction, including engine failure analysis, the Court must still find that the process he used in forming his expert opinion is suffi ciently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc., 326 F.3d at 1342 (stating that "one may be considered an expert but still offer unreliable testimony"); cf. McCorvey, 298 F.3d at 1257 (<HOLDING>). The Court must also find that the testimony
Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (C) holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge (E) holding that rjulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology

Answer: holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial

Question: the trial court in 2010 to set aside the 2000 judgment based on lack of subject-matter jurisdiction, and this Court dismissed his appeal, specifically stating that the trial court had jurisdiction to enter the 2000 judgment, that the judgment was not void, and that the trial court lacked plenary power over the case at the time Akinwamide filed the 2010 motion. See Akinwamide TV, 2012 WL 3861229, at *2. We conclude that the record is replete with evidence that there is no reasonable probability that Akinwamide will prevail in his litigation against Transportation and that, after the litigation was finally determined against Akinwamide, he has repeatedly relitigated or attempted to reliti-gate the validity of the determination in favor of Transportation. See Forist, 141 S.W.3d at 670 (<HOLDING>). We therefore hold that the evidence supports
Holding statements: (A) holding that if defendant could establish ineffective assistance of counsel in failure to file petition for review in his direct appeal then appropriate remedy would be to allow filing of petition for review out of time (B) holding that bill of review is exclusive remedy on direct attack where court had jurisdictional power even if judgment void (C) holding that the meritorious defense requirement in a bill of review proceeding violates due process where the bill of review plaintiff has no notice of the proceeding in which the default judgment was rendered (D) holding that plaintiffs bill of review filed after texas supreme court denied her petition for review of direct appeal from final judgment constituted attempts to relitigate cause of action and thus satisfied vexatious litigant criteria (E) holding that the supreme court has final appellate review of agency decisions

Answer:
holding that if defendant could establish ineffective assistance of counsel in failure to file petition for review in his direct appeal then appropriate remedy would be to allow filing of petition for review out of time