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: protected conduct, and that such action (4) chilled the inmate's exercise of his First Amendment rights, and (5) the action did not reasonably advance a legitimate correctional goal. Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005). The First Amendment guarantees a prisoner a right to seek redress of grievances from prison authorities and as well as a right of meaningful access to the courts. Bradley v. Hall, 64 F.3d 1276, 1279 (9th Cir.1995); see also Hasan v. U.S. Dep't of Labor, 400 F.3d 1001, 1005 (7th Cir.2005) ("Prisoners' grievances, unless frivolous ..., concerning the conditions in which they are being confined are deemed petitions for redress of grievances and thus are protected by the First Amendment."); Wolfel v. Bates, 707 F.2d 932, 934 (6th Cir.1983) (per curiam) (<HOLDING>). Accordingly, Jones's complaints of
Holding statements: (A) recognizing first amendment retaliation right (B) holding that administrative remedies are unavailable if prison officials fail to respond to prisoners grievances (C) recognizing that prisoners undoubtedly exercise first amendment petition right when filing grievances and stating that prison officials may not retaliate against prisoners for filing grievances (D) holding that an inmate has a first amendment right to file grievances against prison officials (E) recognizing prisoners first amendment right to eom plain to prison officials about discrimination

Answer: recognizing first amendment retaliation right

Question: and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant's reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: "Tolling is available' only 'when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.'" Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the
Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that 2244d is subject to equitable tolling if ae petitioner demonstrates 1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

Answer: holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

Question: act or mandatory duty; and the requirements that the plaintiff establish a clear legal right, a corresponding duty in the defendant, and an absence of another adequate and appropriate remedy. See id. at 666 (citing Shaler Area Sch. Dist. v. Salakas, 494 Pa. 630, 636, 432 A.2d 165, 168 (1981)). The majority, however, found that Appellant failed to meet the last of these requirements (lack of a alternative remedy), because he had the ability to appeal an ultimate, adverse removal decision pursuant to the Local Agency Law. See id. at 666, 432 A.2d 165 (citing 2 Pa.C.S. 752). In so holding, the court distinguished the present situation from others in which it had concluded that mandamus was proper, see, e.g., Burns v. Uniontown Area Sch. Dist., 748 A.2d 1263, 1270 (Pa.Cmwlth.2000) (<HOLDING>), on the basis that the suspension in this case
Holding statements: (A) holding that mandamus was proper where the school board was seeking removal for grounds not enumerated in section 1080 of the school code (B) holding the tlo standard governs school searches when school resource officers who although employed by the local police department are primarily responsible to the school district are acting in conjunction with school officials (C) holding that a county ordinance imposing an impact fee on new residential construction to be used for new school facilities did not constitute an unauthorized delegation of power from the county to the school board because the fundamental policy decisions were made by the county and the discretion of the school board was sufficiently limited (D) holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours (E) holding that petitioners status as school board members does not permit them to step into the shoes of the school board and invoke its right to appeal

Answer:
holding the tlo standard governs school searches when school resource officers who although employed by the local police department are primarily responsible to the school district are acting in conjunction with school officials