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.

Q: “is one that society is prepared to recognize as ‘reasonable’ ”. The constitutional legitimacy of an expectation of privacy is not dependent on the subjective intent of the individual asserting the right but on whether the expectation is reasonable in light of all the surrounding circumstances. Additionally, a determination of whether an expectation of privacy is legitimate or reasonable entails a balancing of interests. Id. 620 A.2d at 1118 (Citations omitted). Here, Mr. Cass obviously meant to keep the contents of his locker private from the public. Mr. Cass’ locker was locked, and this fact would indicate that he meant to keep the contents private. Simply because he did not own the locker does not preclude him from having an actual expectation of privacy. See, Bnmdidge supra (<HOLDING>); Commonwealth v. Gordon, 433 Pa.Super. 157, 
 Holding statements: (A) holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest (B) holding that a hotel guest has a legitimate expectation of privacy in his room during the period of time for which the room is rented (C) holding that an overnight guest has a legitimate expectation of privacy in his hosts home (D) holding that defendant had reasonable expectation of privacy in a hotel room rented by relatives when he had a key to the room and permission to use the room at will (E) holding that a visitor to a hotel room for purposes of distributing drugs failed to establish a reasonable expectation of privacy in the room

A: holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest
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Q: created a policy or custom under which unconstitutional practices occurred, or allowed the continuance of such a policy or custom, (4) the defendant was grossly negligent in supervising subordinates who committed the wrongful acts, or (5) the defendant exhibited deliberate indifference ... by failing to act on information indicating that unconstitutional acts'were occurring. Id. at 127 (citing Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir.1995)). The Supreme Court’s decision in Iqbal, 556 U.S. 662, 129 S.Ct. 1937, which found that a supervisor can be held liable only "through the official’s own individual actions,” id. at 676, 129 S.Ct. 1937, arguably casts doubt on the continued viability of some of the categories set forth in Hastings On Hudson and Colon. See Grullon, 720 F.3d at 139 (<HOLDING>). For the purposes of this case, however, it is 
 Holding statements: (A) holding the same with respect to an apartment (B) holding that no heightened showing is required (C) holding the same with respect to violations of the fifth amendment (D) recognizing that opinion work product subject to discovery upon heightened showing of compelling need (E) recognizing chat iqbal may have heightened the requirements for showing a supervisors personal involvement with respect to certain constitutional violations

A: holding the same with respect to an apartment
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Q: (2d Cir.1993). However, in Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 168, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993), the Supreme Court “held that a federal court may not apply a ‘heightened pleading standard’ in civil rights cases alleging municipal liability under section 1983.” Rheingold v. Harrison Town Police Dept., 568 F.Supp.2d 384, 394 (S.D.N.Y.2008) (citing Leatherman, 507 U.S. at 168, 113 S.Ct. 1160). Following Iqbal and Twombly, Monell claims must satisfy the plausibility standard: It is questionable whether the boilerplate Monell claim often included in many § 1983 cases, including this one, was ever sufficient to state a claim upon which relief could be granted. See Smith v. City of New York, 290 F.Supp.2d 317, 322 (E.D.N.Y.2003) (<HOLDING>). In light of Ashcroft v. Iqbal, 556 U.S. 662, 
 Holding statements: (A) holding that making a nonfrivolous allegation is insufficient to survive a motion to dismiss for lack of jurisdiction (B) holding that the bare assertion that a dismissal without prejudice was favorable to the plaintiff was insufficient to survive a motion to dismiss (C) holding that a claim must be facially plausible in order to survive a motion to dismiss (D) holding that a mere allegation of fraud is insufficient to survive a motion to dismiss pursuant to the pslra (E) holding that a conclusory boilerplate assertion of a municipal policy or custom was insufficient to survive motion to dismiss

A:
holding that making a nonfrivolous allegation is insufficient to survive a motion to dismiss for lack of jurisdiction
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