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.
--------
Question: complaint nor any facts relating to VBCJ’s General Order support an argument that Waters received less procedural due process than what is constitutionally required in the circumstances. Therefore, VBCJ’s fee program does not violate Waters’ right to procedural due process. C. Legitimate Penological Interest Finally, Waters’ complaint, broadly construed, alleges that Virginia’s one dollar per day room and board fee is not reasonably related to any legitimate penological interest. This claim also plainly fails, as there are several conceivable rationales to support the finding that VBCJ’s fee program is “ ‘reasonably related’ to promoting a legitimate penological interest.” Sample v. Angelone, 173 F.3d 425 (Table), 1999 WL 52347, *1 (4th Cir. Feb.5 S.Ct. 285, 50 L.Ed.2d 251 (1976) (<HOLDING>). 5 . Section 53.1-131.3 provides as follows: 
 Holding statements: (A) holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person (B) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (C) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (D) holding that deliberate indifference standard for imposing supervisory liability based on an eighth amendment violation is consistent with iqbal and collecting cases (E) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation

Answer: holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person


Question: is outside the ambit of the Fifth Amendment." Id. at 891. Specifically, we held: Recall that in the majority of those cases, the court specifically considered whether the defendant invoked the right to remain silent and concluded that the defendant's statement or action was an invocation of the right. See Combs [v. Coyle, 205 F.3d 269, 286 (6th Cir.2000), reh'g denied, cert. denied, 531 U.S. 1035, 121 S.Ct. 623, 148 L.Ed.2d 533 (2000)]; [United States v. Burson, 952 F.2d 1196, 1200 (10th Cir.1991), cert. denied, 503 U.S. 997, 112 S.Ct. 1702, 118 L.Ed.2d 411 (1992)]; Coppola [v. Powell, 878 F.2d 1562, 1567 (1st Cir.1989), cert. denied, 493 U.S. 969, 110 S.Ct. 418, 107 L.Ed.2d 383 (1989)]; see also Berghuis v. Thompkins, 560 U.S. 370, 130 S.Ct. 2250, 2260, 176 L.Ed.2d 1098 (2010) (<HOLDING>)[, reh'g denied ]. Based on these cases and the 
 Holding statements: (A) holding that during police interrogation right to remain silent must be invoked unambiguously (B) holding that a defendant who is subject to custodial interrogation must be advised in clear and unequivocal language of his constitutional right to remain silent and his right to a lawyer (C) holding that a suspect who wants to invoke his or her right to remain silent must do so unambiguously (D) holding that police may continue questioning a suspect until he unambiguously invokes his right to remain silent (E) holding that an accused must unambiguously invoke the right to remain silent

Answer: holding that a defendant who is subject to custodial interrogation must be advised in clear and unequivocal language of his constitutional right to remain silent and his right to a lawyer


Question: to foreign sovereign immunity also do not help Bodi. Bodi argues that the differences between tribal immunity and the immunity enjoyed by foreign nations suggest that a tribe waives its immunity by removing to federal court. In refusing to extend Lapides to the tribal immunity context, the Eleventh Circuit in Contour Spa reasoned in part that tribal sovereign immunity is instead “more analogous to foreign sovereign immunity,” and that “[t]he significance of the comparison inheres in the fact that foreign sovereigns do not waive their sovereign immunity by removing a case to federal court.” Id. at 1206 (citing 28 U.S.C. § 1441(d), Russell Corp. v. Am. Home Assurance Co., 264 F.3d 1040, 1047 n.4 (11th Cir. 2001), and Rodriguez v. Transnave Inc., 8 F.3d 284, 289 (5th Cir. 1993) (<HOLDING>)). Bodi asserts that this comparison should cut 
 Holding statements: (A) holding that 28 usc  1331 does not constitute a waiver of sovereign immunity (B) holding the contract was not authorized by law (C) holding that removal by a foreign sovereign is explicitly authorized by 28 usc 1441d and clearly cannot constitute waiver (D) holding that 28 usc  1361 which provides that district courts shall have original jurisdiction  to compel an officer or employee of the united states  to perform a duty owed to the plaintiff does not constitute a waiver of sovereign immunity (E) holding that the provisions of title 28 in general and the foreign sovereign immunities act in particular are not laws regulating organizations or activities affecting interstate commerce as contemplated by 28 usc  157d

Answer:
holding that 28 usc  1331 does not constitute a waiver of sovereign immunity