instruction:
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.
question:
and Defendants, therefore, terminated her employment without notice and an opportunity to be heard. A 1983 claim for deprivation of procedural due process has three elements: "(1) a deprivation of a constitutionally-protected liberty or property interest; (2) state action; and (3) constitutionally-inadequate process." Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir.2003). Thus, the Due Process Clause protects one's job only where one has a property right in that job. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Defendants do not dispute that Plaintiff was a non-probationary employee in Alabama's classified service and, therefore, had a property interest in her position. See Ex parte Moulton, 116 So.3d 1119, 1133-35 (Ala.2013) (<HOLDING>) (quoting Bd. of Regents v. Roth, 408 U.S. 564,
Holding statements: (A) recognizing that plaintiff can bring action under due process clause of state constitution (B) holding that the due process clause protects only those liberty interests created by the state (C) holding that a state agency created under state law was a state actor (D) holding that whether children are legitimate for purposes of entitlement to insurance benefits is determined by state law (E) holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment
answer:
(E)

question:
other non-Virginia cases offer a compelling basis for adopting the per se rule Allied has proposed. In National City Bank v. Fleming, 2 Ohio App.3d 50, 440 N.E.2d 590, 599 (1981), for instance, the court said: It has long been the law of equity that a person who confers a benefit either directly or indirectly upon another in the course of performance of a contract with a third person is not entitled to compensation ... merely because of the failure of performance by the third party. However, where it appears from all the facts that the conferral of such benefit was the product of fraud, misrepresentation or bad faith by the party accepting and retaining such benefit, equity will imply an obligation to make payment therefor. See Costanzo v. Stewart, 9 Ariz.App. 430, 453 P.2d 526 (1969) (<HOLDING>), (emphasis added) (some citations omitted).
Holding statements: (A) holding that a hospital could not be an erisa beneficiary (B) holding that the thirdparty beneficiary theory did not apply (C) holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons (D) holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit (E) holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms
answer:
(D)

question:
so long. These statements indicate that although formal counseling sessions had ceased, Hess still saiv himself in the role of therapist for both Cindy and her children. Courts unanimously agree that a therapist's romantic and sexual involvement with a patient is a "harmful act." See, e.g., Simmons v. United States, 805 F.2d 1363 (9th Cir.1986) and cases cited therein. The courts of other jurisdictions have applied statutes regarding social worker privilege. The Massachusetts Supreme Court found statements made to a social worker by a defendant regarding incestuous acts not privileged as communications revealing a crime or harmful act. Massachusetts v. Berrio, 407 Mass. 37, 551 N.E.2d 496, 499 (Mass.1990). See Massachusetts v. Collett, 439 N.E.2d 1223, 1228, 387 Mass. 424 (Mass.1982) (<HOLDING>). A New York court has applied the "crime or
Holding statements: (A) holding that statements made to a social worker that may have bearing on a childs health safety and welfare are not privileged and are subject to compulsory disclosure under the harmful acts exception to social worker privilege (B) holding the record does not show that the statement to the social worker was for medical treatment because the social worker testified that he questioned the child to determine whether he needed to notify child protective services of a case of suspected child abuse (C) holding a social worker treating the child was permitted to testify to statements the child made about the abuse including the victims identification of the perpetrator because the statements were necessary to the treatment of ensuring the continued safety of the child (D) holding that statements by a boyfriend to a social worker that he hit an abused mother as well as her child were not privileged (E) holding that evidence was sufficient to support trial courts best interest finding where mother allowed child to be in contact with individual who had physically abused her mother was not capable of caring for child on her own mother admitted at trial she had not found stable employment and child was doing well in her current placement
answer:
(D)