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.

Example Input: plenary determination of jurisdiction over five landlocked canals); Weiszmann v. District Engineers, U.S. Army Corp, 526 F.2d 1302 (5th Cir.1976) (same outcome as in Sexton Cove in action brought by landowner); U.S. v. St. Bernard Parish, 589 F.Supp. 617 (E.D.La.1984) (plenary trial determining jurisdictional issue); U.S. v. Lambert 589 F.Supp. 366 (M.D.Fla.1984) (plenary trial determining property was a wetland; proof by preponderance of evidence was measure of government’s burden of persuasion); U.S. v. Ciampitti, 583 F.Supp. 483 (D.N.J.1984) (in action for preliminary injunction, court made own determination that property was a wetland); U.S. v. City of Fort Pierre, 580 F.Supp. 1036 (D.S.D.1983) (plenary trial determining property was a wetland) rev'd, 747 F.2d 464 (9th Cir.1984) (<HOLDING>); Parkview Corp. v. Department of Army Corp of 
 Holding statements: (A) holding that plaintiffs may have a property interest in real property (B) holding property not a wetland (C) holding that the debtor could retain exempt property because it was not property of the estate (D) recognizing that exempt property ceases to be property of the estate (E) holding that because property was no longer property of the estate the court could not order turnover
Example Output: holding that plaintiffs may have a property interest in real property

Example Input: stored on a BBS pending delivery). Because subsection (A) applies only to messages in “temporary, intermediate storage,” however, these courts have limited that subsection’s coverage to messages not yet delivered to their intended recipient. See DoubleClick, 154 F.Supp.2d at 512; Fraser, 135 F.Supp.2d at 636. Defendants point to these cases and argue that messages remaining on an ISP’s server after delivery no longer fall within the Act’s coverage. But, even if such messages are not within the purview of subsection (A), they do fit comfortably within subsection (B). There is no dispute that messages remaining on NetGate’s server after delivery are stored “by an electronic communication service” within the meaning of 18 U.S.C. § 2510(17)(B). Cf. DoubleClick, 154 F.Supp.2d at 511 (<HOLDING>). The only issue, then, is whether the messages 
 Holding statements: (A) holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca (B) holding that email messages stored on a computer but not yet read were in electronic storage (C) holding that an individuals reasonable expectation of privacy in the content of email communications is not vitiated by an understanding that the thirdparty service provider will maintain independent access to them noting that electronic communication is as important to fourth amendment principles today as protecting telephone conversations has been in the past (D) holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff (E) holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service
Example Output: holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca

Example Input: adverse treatment that in the circumstances might well dissuade a reasonable person from engaging in protected activity. EEOC Enforcement Guidance II B.2. I would also agree with Burlington Northern, the EEOC, and the better reasoned caselaw that the determination of whether a plaintiff has introduced evidence sufficient to establish a material adverse action is fact specific and will, in most cases, generate a jury question. Of course, petty incidents in isolation do not suffice to show a materially adverse impact, but determining what is so petty that it would not deter a reasonable person from utilizing complaint procedures is usually best decided by a diverse jury with a mix of real world experience rather than by the court. Cf. Bell v. Johnson, 308 F.3d 594, 603-05 (6th Cir. 2002) (<HOLDING>); Gallagher v. Delaney, 139 F.3d 338, 342 (2d 
 Holding statements: (A) holding that retaliatory discharge is a clearly established first amendment violation (B) holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal (C) recognizing the tort of retaliatory discharge (D) holding that retaliatory discharge based solely on protected speech by ones spouse is actionable under the first amendment (E) holding unless claimed retaliatory action is truly inconse quential the plaintiffs first amendment claim should go to the jury
Example Output:

Show your work and conclude with the exact phrasing "Therefore, the final answer is [answer]." where [answer] is just the final number or expression that solves the problem.
user
holding that retaliatory discharge is a clearly established first amendment violation

