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 Q]: 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 A]: holding that a motion for rule 11 sanctions is dispositive

[EX Q]: It is axiomatic, however, that states act through their officials and agencies. Thus, under Will, those state agencies and other political subdivisions which carry out the state's business and have immunity from lawsuits under the Eleventh Amendment constitute "arms of the state." Pursuant to Will, such entities would not be considered persons under 1983. Those political subdivisions which are not provided immunity under the Eleventh Amendment, do not rise to the level of "arms of the state" and would, under Will, be considered to be persons for the purposes of 1983. See Barket, Levy & Fine v. St. Louis Thermal Energy Corp., 948 F.2d 1084, 1086-88 (8th Cir.1991) (bi-state agency is a "person" under 1983); Magula v. Broward Gen. Medical Ctr., 742 F.Supp. 645, 649 (S.D.Fla.1990) (<HOLDING>). Since the Will decision was handed down, a
Holding statements: (A) holding that a county is not an arm of the state for purposes of the eleventh amendment (B) holding that an ohio school district is more like a county or city than it is like an arm of the state and therefore it is not entitled to assert eleventh amendment immunity from suit (C) holding that the anne arundel board of education is an arm of the state for purposes of eleventh amendment immunity (D) holding that the puc is not an arm of the state and rejecting claim of immunity (E) holding that because hospital district is more like a municipality than an arm of the state hospital district did not have eleventh amendment immunity
[EX A]: holding that a county is not an arm of the state for purposes of the eleventh amendment

[EX Q]: putting air into his tire at a gas station. The motorist pulled into the gas station and parked his truck in a manner that blocked the insured's vehicle. The motorist then began yelling and threatening the insured, attempting to pick a fight. The motorist moved his truck so that it was no longer blocking the insured's vehicle, and parked it parallel to the insured's vehicle. The motorist then pointed a gun at the insured. An exchange of gunfire ensued culminating in the motorist shooting the insured while the insured was attempting to escape in his vehicle. Ulrich, 839 P.2d at 944-45. 51 In holding that the insured's injuries did not arise out of the use of the motorist's truck, the Wyoming Supreme Court applied the "natural consequences" test to U . 1995), 878 F.Supp. 862, 864-65 (<HOLDING>). 53 In advocating their respective tests,
Holding statements: (A) holding that injuries must be connected to the use of the car as a car ie as a means of transportation rather than a situs for the commission of criminal acts (B) holding that the defendant failed to demonstrate legitimate expectation of privacy where he could not show that he had the owners permission to use the car or demonstrate prior use or control of the car (C) holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door (D) holding that the driver of a car who had permission to use the car had standing to challenge its search (E) holding that an officer intentionally hitting the plaintiffs head into the top of the police car as the plaintiff was being placed in the police car could be excessive force
[EX A]:
holding that the defendant failed to demonstrate legitimate expectation of privacy where he could not show that he had the owners permission to use the car or demonstrate prior use or control of the car