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: hostile work environment claims from the general Ricks rule because such claims " 'cannot be said to occur on any particular day,' and instead usually involve a pattern of acts that aren't 'actionable on [their] own' but give rise to a legal violation only when assessed in their totality." Almond, 665 F.3d at 1178 (quoting Morgan, 536 U.S. at 115-16, 122 S.Ct. 2061). Here, the Court does not construe Plaintiffs pleadings to allege a hostile work environment claim. Even construing Plaintiffs pleadings liberally, his generic assertions that Defendant Beilis treated him in a hostile manner toward the end of his employment and sent him hostile emails fall far short of asserting a claim for age-based hostile work environment. See Phillips v. Moore, 164 F.Supp.2d 1245, 1254 (D.Kan.2001) (<HOLDING>). Thus, despite Plaintiffs averment that
Holding statements: (A) holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments (B) holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims (C) holding that certain conduct was irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of it (D) recognizing a hostile work environment claim under section 1983 (E) holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive

Answer: (B)

Question: 106 S.Ct. at 2553. And if plaintiff cannot support each essential element of his claim, summary judgment must be granted because a complete failure of proof regarding an essential element necessarily renders other facts immaterial. Id. at 322-23, 106 S.Ct. at 2552-53. The Court reviews defendants' motion for summary judgment in light of the forgoing standard. DISCUSSION There is no question in this case of Brod-nicki's innocence. But, because "[t]he Constitution does not guarantee that only the guilty will be arrested," Baker v. McCollan, 443 U.S. 137, 145, 99 S.Ct. 2689, 2695, 61 L.Ed.2d 433 (1979), Brodnieki's innocence is irrelevant to the question of whether there was probable cause for his arrest. Michigan v. DeFillippo, 443 U.S. 31, 36, 99 S.Ct. 2627, 2631, 61 L.Ed.2d 343 (1979) (<HOLDING>). The issue before the Court is whether the
Holding statements: (A) holding that the burden is on the defendant when the validity of the warrant is challenged (B) holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed (C) holding that initial illegal detention does not call into question validity of arrest pursuant to valid warrant wjhere the police effectuate an arrest in an illegal manner but nonetheless have probable cause to make the arrest the proper fourth amendment remedy is to exclude only that evidence which is a fruit of the illegality (D) holding that where an arrest was premised on both legally and illegally obtained evidence the validity of the arrest would depend on whether the untainted information considered by itself establishes probable cause (E) holding that the validity of the arrest does not depend on whether the suspect actually committed a crime the mere fact that the subject is later acquitted of the offense for which he is arrested is irrelevant to the validity of the arrest

Answer: (E)

Question: First Nat. Bank of York v. Critel, 251 Neb. 128, 555 N.W.2d 773 (1996). See, also, Talkington v. Womens Servs., 256 Neb. 2, 588 N.W.2d 790 (1999). An abuse of discretion occurs when the trial court's decision is based upon reasons that are untenable or unreasonable or if its action is clearly against justice or conscience, reason, and evidence. Talkington v. Womens Servs., supra. ANALYSIS Jurisdictional Question. Lee Sapp argues that this court does not have jurisdiction over this appeal because Merrill Lynch did not file a motion to vacate the default judgment, but "a non-existent motion for an order 'staying the execution of the judgment ....'" Brief for appellee Lee Sapp at 3. In support of Lee Sapp's position, it cites Blitzkie v. State, 216 Neb. 105, 342 N.W.2d 5 (1983) (<HOLDING>), and Anderson v. Matthis, 246 Neb. 215, 518
Holding statements: (A) holding that a motion to dismiss based on a forumselection clause should be treated as a rule 12b3 motion to dismiss for improper venue (B) holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable (C) holding that motion to dismiss cannot be treated as summary judgment (D) holding that a motion to dismiss or for summary judgment precluded default judgment (E) holding that a rule 12b6 motion to dismiss should be treated as a motion for summary judgment when plaintiffs counsel relied upon facts outside the four corners of the complaint during oral argument of the motion

Answer:
(C)