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.

Ex Input:
a particularized need. 4. Seriousness of the Litigation and Issues Holmes maintains that the gravity of her allegations namely, that IPRA "concealed] its widespread efforts to cover-up unlawful shootings by police officers," Pl.'s Reply Br. at 3 warrants disclosing the draft summary reports. In other words, Holmes asserts that the privilege is overcome because IPRA's deliberative process, which includes the back-and-forth exchange of draft summary reports between supervisors and investigators, is "part of the code of silence." Id. Where a plaintiff directly challenges a government agency's deliberative process, courts routinely find that there is a particularized need for disclosure. See, e.g., Smentek v. Sheriff of Cook Cnty., 2013 WL 2588709, at *4 (N.D. Ill. June 11, 2013) (<HOLDING>); Ferrell, 177 F.R.D. at 430-31 (finding a
Holding statements: (A) holding that both saline county and grant county had jurisdiction to try the appellant for murder where the actual killing occurred in one county but the acts requisite to the consummation of the murder and the subsequent disposal of the body occurred in the other county (B) holding that mandatory visual strip search policy in county jail was unconstitutional (C) holding that public employees working for the office of cook county assessor and receiving their compensation from cook county had no vested right in the expectation of the continuance of this compensation (D) holding that plaintiffs had a particularized need for cook county jail prebudget documents after observing that the plaintiffs theory is that the county allegedly approved the dental services budget despite knowing that it might create unconstitutional conditions at the jail accordingly the countys deliberative process is directly at issue in this case (E) holding that employees of county jail that housed federal prisoners pursuant to contract with the federal government were not federal employees even though county jail had to comply with federal rules and regulations

Ex Output:
(D)

Ex Input:
charge for each item or items. The Trial Court, however, refused to admit the last page of the bill that contained only a description of miscellaneous and a corresponding charge. Plaintiff had no testimony or other evidence to explain to the jury anything about the charge listed on the last page of the bill. The Trial Court stated such a description would force the jury to speculate regarding what supplies were encompassed within the charge for these miscellaneous items. A jury may not engage in speculation. Stringer v. Cooper, 486 S.W.2d 751, 756 (Tenn.Ct.App.1972) (stating "we understand the holding in those cases and many more like them to be that a jury may not speculate as to cause when one is not shown.... "); Moon v. Johnston, 47 Tenn.App. 208, 337 S.W.2d 464, 469 (1959) (<HOLDING>). Without any testimony or other evidence to
Holding statements: (A) holding where reasonable difference of opinion as to whether the defendants act was the or a proximate cause of the injury the matter is for the jury to decide (B) holding a jury is not permitted to speculate or guess as to proximate cause (C) holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury (D) holding proximate cause almost always a question solely for the jury (E) holding that negligence must be the proximate cause of injury

Ex Output:
(B)

Ex Input:
and capricious agency action. The Administrative Procedure Act ("APA") provides a right to judicial review of all "final agency action for which there is no other adequate remedy in a court." 5 U.S.C. 704. Although only the third claim is explicitly denominated as an APA claim in the complaint, the first three claims all involve challenges to the propriety of the BIA's decision. All three may therefore be fairly characterized as claims for judicial review of agency action under the APA, 5 U.S.C. 701-706. See Skinner v. Switzer, U.S. , 131 S.Ct. 1289, 1296, 179 L.Ed.2d 233 (2011) ("[lender the Federal Rules of Civil Procedure, a complaint need not pin plaintiffs claim for relief to a precise legal theory."); McCalden v. Cal. Library Ass'n, 955 F.2d 1214, 1223 (9th Cir.1990) (<HOLDING>). Alleging that the BIA has failed to fulfill
Holding statements: (A) holding fact that a constitutional claim is so novel that it is not reasonable for counsel to raise it until after the supreme court articulates that such claim is a basis for federal habeas relief constitutes cause for failure to raise that claim in accordance with applicable state procedures (B) holding that a plaintiff is not required to state the statutory or constitutional basis for his claim only the facts underlying it (C) holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed (D) holding that although the express warranty claim was not federally preempted the plaintiff had not alleged sufficient facts for the claim to survive dismissal under rule 8 where the pjlaintiff alleged no facts demonstrating that defendants made any affirmations specifically to plaintiff or her physician so as to form the basis of the bargain (E) holding that only one statutory basis is required to find a child in need of aid

Ex Output:
(B)