Detailed Instructions: 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.
Problem:by the Eleventh Amendment But He Has Not Established Qualified Immunity or Immunity Under Noerr-Pen-nington in His Individual Capacity. 1. Hoffman concedes that Markwell cannot be sued for civil damages in his official capacity. Hoffman concedes that the Eleventh Amendment immunizes Markwell from Hoffman's claim of damages against Markwell in his official capacity as State's Attorney. See Pl. Resp. to Def. Mot. to Dismiss (d/e 18) at 11-12. However, because Hoffman is also seeking an injunction against Markwell as to his involvement in advising the Board to exclude Hoffman from participation in Board activities, Markwell remains in this lawsuit in his official capacity for the purposes of the claimed injunctive relief. See Ameritech Corp. v. McCann, 297 F.3d 582, 586 (7th Cir.2002) (<HOLDING>) (internal quotations omitted). 2. Markwell is
Holding statements: (A) holding that punitive damages are not recoverable against a state official sued in his or her official capacity (B) holding that a party can sue a state officer in his or her official capacity to enjoin prospective action that would violate federal law (C) holding that a suit against a state official in his or her official capacity is a suit against the state itself and not cognizable under 1983 (D) holding that the acts of a corporate officer done in his or her official capacity are acts of the corporation (E) holding that a prisoner can under rluipa pursue nominal damages against a state officer in her official capacity
Solution:
holding that punitive damages are not recoverable against a state official sued in his or her official capacity