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: industry is constitutional." Reply [# 29] at 3. Defendants maintain that "the Court may not rely on a federal regulation (9 C.F.R. 2.126) or on the Guide to conclude that the Fourth Amendment right at issue is clearly established." Id. at 4 (emphasis in original). Defendants further argue that even if the Court considered the regulation and the Guide, they do not limit the APHIS' powers of inspection or set policy. Id. at 5. As an initial matter, the Court agrees with Plaintiffs that they are not challenging the statutory scheme governing the USDA's warrantless searches, but rather are challenging the application of that statutory scheme by the Inspector Defendants on May 7, 2013 at Big Cats. See, e.g., LeSueur-Richmond Slate Corp. v. Fehrer, 666 F.3d 261, 268-69 (4th Cir.2012) (<HOLDING>). In LeSueur, the Fourth Circuit closely
Holding statements: (A) holding that the fourth amendment protects property as well as privacy (B) holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case (C) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause (D) holding a person may consent to warrantless searches as a condition of a suspended sentence (E) holding there is no requirement that the government obtains a warrant at the first moment probable cause exists the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances

Answer: (B)

Question: because it was made by physicians and nursing home administrators who are private parties. The Supreme Court explained its rationale: "Those decisions ultimately turn on medical judgments made by private parties according to professional standards that are not established by the State." Id. at 1008, 102 S.Ct. 2777. The Court distinguished situations where the state "affirmatively command[ed]" the discharge or transfer of Medicaid patients, id. at 1005, 102 S.Ct. 2777, or where medical judgments were made by utilization review committees mandated by federal regulation. See id. at 1008, 102 S.Ct. 2777. A key inquiry under Blum and its progeny is which entity made the decision being challenged. See id. at 1005, 102 S.Ct. 2777; see also Kraemer v. Heckler, 737 F.2d 214, 220 (2d Cir.1984) (<HOLDING>); Catanzano v. Dowling, 60 F.3d 113, 117 (2d
Holding statements: (A) holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision (B) holding 2254d authorizes federal court to review state courts decision only and not explanation of decision (C) holding that state courts failure to discuss or even to be aware of federal precedent does not in itself render the decision contrary to federal law (D) holding that a party losing in state court may not seek what would amount to appellate review of that decision in federal court based on the claim that the decision violates the losers federal rights (E) holding that the decision of a utilization review committee may well constitute state action where the decisionmaking process itself appears to be governed largely by federal guidelines

Answer: (E)

Question: claim in the third amended complaint, this complaint was not filed until after the summary judgment briefing was filed. Next, Elliott challenges the grant of summary judgment on her supervisory liability claim against Harnett. Upon review, we conclude that the district court properly granted summary judgment to Harnett on the supervisory liability claims for substantially the same reasons as those stated in the district court's thorough and well-reasoned order. Critically, Elliott failed to produce any evidence to demonstrate that Harnett was personally involved in Glace's death. See Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir.1995); Ashcroft v. Iqbal, 556 U.S. 662, 676, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009); see also Grullon v. City of New Haven, 720 F.3d 133, 139 (2d Cir.2013) (<HOLDING>). Although Elliott argues that Harnett was
Holding statements: (A) recognizing conflict between interests of the highest order (B) recognizing conflict (C) recognizing the conflict (D) recognizing possible conflict between the cases (E) recognizing conflict between circuits

Answer:
(D)