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.

Input: Consider Input: S.Ct. 1215, 43 L.Ed.2d 570 (1975)." Peters v. Narick, 165 W.Va. 622, 628 n. 13, 270 S.E.2d 760, 768 n. 13 (1980). This Court has determined repeatedly that the West Virginia Constitution may be more protective of individual rights than its federal counterpart. See, e.g., State v. Bonham, 173 W.Va. 416, 317 S.E.2d 5 Daley, 174 W.Va. 299, 324 S.E.2d 713 (1984) (state constitution compels striking limitation on soliciting after sunset even if federal constitution does not); Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 611, 319 S.E.2d 372, 379 (1984) (Article III, 1 "more stringent in its limitation on waiver [of fundamental rights] than is the federal constitution"); Pushinsky v. West Virginia Board of Law Examiners, 164 W.Va. 736, 266 S.E.2d 444 (1980) (<HOLDING>); Pauley v. Kelly, 162 W.Va. 672, 707, 255
Holding statements: (A) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (B) recognizing that state constitution imposes more stringent limitations on power of state to inquire into lawful associations and speech than those imposed by federal constitution (C) recognizing exception under state constitution (D) holding that appellate court assumes appellant claims no greater protection under state constitution than that provided by federal constitution when state and federal claims not briefed separately (E) holding missouri constitution requires stricter separation of church and state than does federal constitution

Output: recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution

Input: Consider Input: for a damages claim. See Williams, 216 S.W.3d at 828-29. Nor can Russell change the facts that render her remaining grounds not justiciable. As long as there is no dispute that the release between Metro and American Century is not binding on Russell, and Metro and its representatives have not been awarded and do not seek attorney fees based on section 417.003 of the Labor Code, there is no way in which Russell could re-plead her claims to confer jurisdiction on the trial court. See Bonham State Bank, 907 S.W.2d at 467; WesternGeco, L.L.C., 246 S.W.3d at 781. The trial court therefore did not err in refusing Russell an opportunity to further amend her pleadings. For the foregoing reasons, we affirm the trial court's judgment. 1 . S rters, Inc., 372 S.W.2d 525, 530-31 (Tex.1963) (<HOLDING>); Cobb v. Harrington, 144 Tex. 360, 366, 190
Holding statements: (A) holding governmental immunity was not implicated in a declaratoryjudgment action seeking an interpretation of a competitive bidding statute as applied to the highway commissions policy of requiring all materials furnished under contracts be manufactured in the united states (B) holding that a declaratoryjudgment action seeking to compel officials to perform their legal duties was not barred by 14 however a portion of the action seeking compensatory damages could not be maintained (C) holding a declaratoryjudgment action was proper to construe compulsory school attendance law and did not implicate governmental immunity (D) holding governmental immunity not implicated and a declaratoryjudgment action proper to seek determination of whether plaintiffs were motor carriers for purposes of tax statute (E) recognizing the protection of preliminary governmental materials

Output: holding that a declaratoryjudgment action seeking to compel officials to perform their legal duties was not barred by 14 however a portion of the action seeking compensatory damages could not be maintained

Input: Consider Input: good or replace the loss caused by the wrong or injury * * Black's Law Dictionary 390 (6th ed. 1990) (emphasis added); see also Restatement (Second) Torts 903 (defining compensatory damages as "damages awarded to a person as compensation, indemnity or restitution for harm sustained by him"); Webster's Third New Int'l Dictionary 463 (3rd ed. 1961) (defining compensatory damages as "damages awarded to make good or compensate for an injury sus tained distinguished from punitive damages "). When civil rights plaintiffs seek "damages for violations of constitutional rights, the level of damages is ordinarily determined according to principles derived from the common law of torts." Memphis Community School Dist. v. Stachura, 477 U.S. 299, 306, 106 S.Ct. 2537, 2542, 91 L.Ed.2d 249 (1986) (<HOLDING>). "Punitive damages aside, damages in tort
Holding statements: (A) holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages (B) holding that punitive damages which are based on the same underlying action justifying nondischargeability of compensatory damages are likewise nondischargeable (C) holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated (D) holding that damages based on the abstract value of constitutional rights are not a permissible element of compensatory damages in action under civil rights act of 1871 (E) holding that damages based on the abstract value or importance of constitutional rights are not a permissible element of compensatory damages in such cases
Output: holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages