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: in some respect. To me, such an approach invites municipal officials to substitute rank speculation and conjectural claptrap for genuine engineering expertise and constitutes an open invitation for local planners to engage in incompetent fear-mongering about perceived or imagined development risks, no matter how unfounded, unlikely, or controllable such risks may be. Such an open-textured standard for upholding the denial of subdivision applications will all too easily be converted into an impermeable cloak to cover confiscatory regulatory takings, official pandering to neighbors’ antidevelopment biases, political shenanigans, and other such local governmental capriciousness of the sort that we recently condemned in L.A. Ray Realty v. Town Council of Cumberland, 698 A.2d 202 (R.I.1997) (<HOLDING>). Moreover, the mere fact that the municipality 
 Holding statements: (A) holding that a state is not a person under 42 usc  1983 (B) holding that person in 42 usc  1983 does not include states (C) holding that 42 usc  1983 does not provide a remedy for flsa violations (D) holding that the petitioner property owners had established 42 usc  1983 substantive and procedural dueprocess violations against town officials who arbitrarily denied the plaintiffs request for subdivision approval (E) holding that plaintiffs had claim under 42 usc  1983 against state where state had created an intermediate care facility but placed plaintiffs on waiting list
Example Output: holding that a state is not a person under 42 usc  1983

Example Input: cap in determining the amount of benefits another person was able to receive. Id. at 615. Although in Parisi, the child was suffering from the technical entitlement, the case stands for the proposition that a technical entitlement of zero should be counted as zero when computing family máximums. Considering that the purpose of the family maximum is to set a maximum that can be given from one wage earner’s account, Parisi complies with this purpose. IV. BY CITING PARISI, HAS PLAINTIFF RAISED A NEW ISSUE THAT IS NOT PROPERLY INCLUDED IN THIS JUDICIAL REVIEW? “[I]f petitioner wishes to preserve an issue for appeal, he must first raise it in the proper administrative forum_” Tejeda-Mata v. INS, 626 F.2d 721, 726 (9th Cir.1980); See Chung Young Chew v. Boyd, 309 F.2d 857, 861 (9th Cir.1962) (<HOLDING>). Yet, in Tejeda-Mata the court held this “in 
 Holding statements: (A) recognizing that failure to observe the required process deprives the court of jurisdiction (B) holding that the court lacked jurisdiction over the petition for review because the aliens did not appeal the ijs denial of their motion to reopen to the board resulting in failure to exhaust their administrative remedies (C) holding that partys failure to file a timely internal administrative appeal as required by regulations of the department of agriculture constituted failure to exhaust administrative remedies and precluded judicial action (D) recognizing that failure by state to provide the required certification deprives appeals court of jurisdiction over appeal (E) holding that failure to take available appeal to board of immigration appeals constitutes failure to exhaust administrative remedies and deprives the court of appeals of jurisdiction to review
Example Output: recognizing that failure to observe the required process deprives the court of jurisdiction

Example Input: Mac Pherson expressly argued to the state trial court, and subsequently to the Appellate Division, that the Order for Service by Publication was predicated on a misrepresentation of material fact, that sustaining jurisdiction over him based on publication would be a denial of his constitutional right to due process, that procedural due process requires notice reasonably calculated to apprise interested parties of the pendency of an action affecting a person’s property interest, and that the state court should have ordered a hearing to determine whether service by other means was available before ordering service by publication. Accordingly, res judicata applies to preclude Mac Pherson from asserting in federal court the claims he has raised in this action. See Brooks, 84 F.3d at 1463 (<HOLDING>). We have considered all of Mac Pherson’s 
 Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs due process claims were completely barred by res judicata because the underlying factual predicate for each of these claims  is substantially identical to the allegations presented in state court (C) holding that when claims regarding the employment relationship arise after the plaintiffs first case is initiated the second case is not barred by res judicata (D) holding second action barred by res judicata because plaintiff asserted identical claims and jurisdictional grounds as the first action (E) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari
Example Output:
holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii