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: 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
Example Output: 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

Example Input: of finality which is essential to the operation of our criminal justice system.” Sawyer v. Smith, 497 U.S. 227, 242, 110 S.Ct. 2822, 111 L.Ed.2d 193 (1990). Petitioner claims that Apprendi falls within the narrow scope of the second category of exceptions and is therefore applicable to his case retroactively. The Second Circuit has not yet addressed the question of whether Apprendi should be considered a “watershed rule,” falling within the Teague exceptions. However, every Circuit Court which has considered this question has held that Apprendi should not be applied retroactively on collateral review. United States v. Sanders, 247 F.3d 139, 146 (4th Cir.2001); Jones v. Smith, 231 F.3d 1227, 1236 (9th Cir.2001); see, e.g., Abdullah v. United States, 240 F.3d 683, 687 (8th Cir.2001)(<HOLDING>); Browning v. United States, 241 F.3d 1262, 
 Holding statements: (A) holding that petitioner was barred from bringing apprendi claim on second or successive motion to vacate because supreme court had not made apprendi retroactive to cases on collateral review (B) holding apprendi is not retroactive (C) holding that apprendi does not apply on collateral review (D) holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review  that was previously unavailable (E) holding that the apprendi decision is not applicable on collateral review
Example Output: holding apprendi is not retroactive

Example Input: an expression that equates with a clear mandate of public policy and if they can show that they were discharged in violation of that public policy. Id. at 72-73, 417 A.2d 505. Sources of public policy include the United States and New Jersey Constitutions; federal and state laws and administrative rules, regulations, and decisions; the common law and specific judicial decisions; and in certain cases, professional .codes of ethics. Hennessey v. Coastal Eagle Point Oil Co., 129 N.J. 81, 92-93, 94-95, 609 A.2d 11 (1992); Pierce, supra, 84 N.J. at 72, 417 A.2d 505. A basic requirement of the wrongful discharge cause of action is that the mandate of public policy be clearly identified and firmly grounded. See, e.g., Potter v. Village Bank, 225 N.J.Super. 547, 558-60, 543 A.2d 80 (App.Div.) (<HOLDING>), certif. denied, 113 N.J. 352, 550 A.2d 462 
 Holding statements: (A) holding that an employee has no right of action against an employer for wrongful discharge where no clear mandate of public policy is violated thereby (B) recognizing the tort of retaliatory discharge (C) holding employee has cause of action for retaliatory discharge in contravention of public policy where employee was fired for reporting fellow employees alleged criminal activities to local law enforcement (D) holding that federal law can provide source of state public policy for determining whether discharge of employee violated clear mandate of public policy (E) holding that discharge of bank president for reporting suspected illegal money laundering by bank directors violated clear mandate of public policy few people would cooperate with law enforcement officials if the price they must pay is retaliatory discharge from employment
Example Output:
holding that an employee has no right of action against an employer for wrongful discharge where no clear mandate of public policy is violated thereby