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.

Ex Input:
. . . there was a causal connection between the protected activity and the adverse employment decision[s]." Murray v. St. Michael's Coll., 164 Vt. 205, 210, 667 A.2d 294, 299 (1995). In Burlington Northern, the Supreme Court held that a plaintiff bringing a retaliation claim under Title VII need show only that "a reasonable employee [in the employee's situation] would have found the challenged action materially adverse," meaning that it well might have dissuaded a reasonable employee from engaging in the protected activity. 548 U.S. at 68. 34. Assuming, without deciding, that this is the standard to apply with respect to retaliation claims brought under 21 V.S.A. 710(b), we conclude that the limited video surveillance in this case in connectio v., 37 F.3d 1146, 1150 (5th Cir. 1994) (<HOLDING>). 35. But in this case, if the release
Holding statements: (A) holding that the former wife did not waive her attorneyclient privilege simply because the credibility of her claim that she relied on her husbands representations could be impeached by deposing her former attorney (B) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (C) holding that because a claimant testified that she had no insurance and could not afford treatment her failure to take medication for her symptoms is not a clear and convincing reason for discrediting her symptom testimony (D) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (E) holding that the employee was acting within the course of her employment when she died while returning from the workrelated session because her death occurred on a public highway which was brought within the scope of her employment by her employers requirement that she attend training at the state police academy

Ex Output:
holding that the former wife did not waive her attorneyclient privilege simply because the credibility of her claim that she relied on her husbands representations could be impeached by deposing her former attorney

Ex Input:
602 F.Supp. 859, 864 (D.N.J.1985); Tedesco v. U.S. Po esentation against the Government. 28 U.S.C. 2680(h). Further, the FTCA requires, as a jurisdictional prerequisite to adjudication in a federal court, all claims to first be brought before the appropriate agency-here, the USPS's Tort Claims Examiner. See 28 U.S.C. 2675(a). It is undisputed that Mr. Foster did not bring his claims to the USPS before initiating this suit. Thus, the district court correctly dismissed these claims for lack of subject matter jurisdiction. II Mr. Foster also challenges the district court's denial of his motion for reconsideration and its denial of sanctions against USPS. We review these determinations for abuse of discretion. Q-Pharma, Inc. v. Andrew Jergens Co., 360 F.3d 1295, 1299 (Fed.Cir.2004) (<HOLDING>); Gary v. The Braddock Cemetery, 517 F.3d 195,
Holding statements: (A) holding that a motion for rule 11 sanctions is dispositive (B) holding that state law provides the standard of review for a denial of a rule 50 motion in a diversity case (C) holding under third circuit law that denial of rule 11 sanctions is reviewed for abuse of discretion (D) holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions (E) holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit

Ex Output:
holding that a motion for rule 11 sanctions is dispositive

Ex Input:
or terminating an arrest must be within the discretion and judgment of enforcing officers." Deuser v. Vecera, 139 F.3d 1190, 1195 (8th Cir.1998). Hart's characterization of nationally recognized protocols for making arrests as mandatory does not make them so. Second, because the Handbook granted S/A Robertson discretion to afford Block some freedom of movement before transporting him to jail, we presume S/A Robertson's actions were grounded in the sort of policy choice that the discretionary function exception was designed to shield from liability in tort. See United States v. Gaubert, 499 U.S. 315, 324, 111 S.Ct. 1267, 113 L.Ed.2d 335 (1991) ("When established governmental policy, as expressed or implied by statute, regulation, or agency guidelines, allows a Government h Cir.1997) (<HOLDING>). Such decisions are quintessential examples of
Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding a park rangers decision to terminate an arrest falls within the discretionary function exception to the ftca because such decision was the classic example of conduct grounded in policy (C) holding the manner in which federal law enforcement agents investigated a suspect and execut ed an arrest warrant fell within the discretionary function exception to the ftca (D) holding that the discretionary function exception may apply in the absence of a conscious decision (E) holding that the government cannot waive or forfeit an argument that the discretionary function exception to the federal tort claims act ftca should apply

Ex Output:
recognizing a discretionary function exception to that waiver