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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Example Input: an individual has adequately stated a pri-ma facie claim. Cf. Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329, 1334 (9th Cir.1995) (“An inquiry into the reasonableness of procedures ... belies a claim that liability under [15 U.S.C.] § 1681e(b) must be predicated on the effect of that information once disseminated .... The district court was required to consider whether [the defendant] was liable under § 1681e(b) before it determined that [the plaintiff] had suffered no recoverable damages.”). Several courts have previously recognized the possibility that a claim for actual or compensatory damages under FCRA may include compensation for emotional distress in the absence of physical injury or out-of-pocket expenses. See, e.g., Bakker v. McKinnon, 152 F.3d 1007, 1013 (8th Cir.1998) (<HOLDING>); Philbin v. Trans Union Corp., 101 F.3d 957, 
 Holding statements: (A) holding in a fcra case that plaintiffs may not rely on mere  conclusory statements  rather they must  sufficiently articulate  true demonstrable emotional distress  including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any (B) holding that under privacy act federal government waived its sovereign immunity with respect to actual damages but not with respect to damages for mental or emotional distress (C) holding that the district court did not abuse its discretion in finding that the incomplete and late submission of expert reports was not harmless (D) holding that under the first amendment where there is no proof of actual malice damages are limited to actual injury which excludes punitive damages but is not limited to outofpocket loss (E) holding that even in the absence of outofpocket expenses or costs incurred the district court did not abuse its discretion in awarding actual and punitive damages when appellees testified about how they felt when appellant obtained their credit reports and violated their privacy thereby causing them some emotional distress
Example Output: (E)

Example Input: Court held that a federal court should not enjoin a state criminal prosecution begun prior to the institution of the federal suit except upon a “showing of bad faith, har-rassment, or any other unusual circumstance that would call for equitable relief.” Younger, 401 U.S. at 53-54, 91 S.Ct. at 754-55. In later cases, the Court has held that the Younger doctrine is “fully applicable to noncriminal judicial proceedings when important state interests are involved.” Middlesex County Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 432, 102 S.Ct. 2515, 2521, 73 L.Ed.2d 116 (1982); see Moore v. Sims, 442 U.S. 415, 423, 99 S his lower court view, at least by negative inference. See Hawaii Housing Authority v. Midkiff 467 U.S. 229, 237-39, 104 S.Ct. 2321, 2327-29, 81 L.Ed.2d 186 (1984) (<HOLDING>). Since the Commonwealth began this eminent 
 Holding statements: (A) holding that because debtor retained control of property a transfer had not yet occurred (B) holding that where the dispositive issue in an administrative proceeding was whether an accident occurred as the plaintiff alleged it did collateral estoppel did not bar litigation of whether the accident was workrelated because that issue had not yet been litigated (C) holding voluntary dismissal permissible because trial court had not yet reached a decision on the merits (D) holding that younger abstention was not appropriate because eminent domain proceeding had not yet begun when plaintiffs began their federal court action (E) holding that debt collector violated fdcpa when it held debtor liable for court costs that had not yet been awarded
Example Output: (D)

Example Input: 978 S.W.2d 612, 618 (Tex.App.-Corpus Christi 1998, pet. denied) (considering apartment complex and neighborhood surrounding complex). Finally, Barton’s contention that Whataburger’s earlier employment of a security guard on the weekends proves the foreseeability of the robbery is unavailing. “The mere act of taking preventative measures to protect against the possibility of future crime is not the same as foreseeing that criminal activity.” Allen, 158 S.W.3d at 67. If we equated preventative measures to foreseeability, we would “virtually eliminate the foreseeability requirement for a negligence claim against a person who installs a security system or takes other preventative measures to guard against crime.” Id.; accord Stewart, 214 S.W.3d at 665; Garcia, 203 S.W.3d at 437-38 (<HOLDING>). Applying the Timberwalk factors of proximity, 
 Holding statements: (A) holding that murder committed by customer was not foreseeable result of excessive sale of alcohol to customer (B) holding that a defendant may be convicted of felony murder when the death of his accomplice was a reasonably foreseeable result of their commission of a felony (C) holding that criminal conduct on premises was not foreseeable (D) holding that targeted murder committed on premises of sonic restaurant was not foreseeable result of sonics failure to employ security guard (E) holding that murder committed by minor gang members was not foreseeable result of sale of alcohol to gang members
Example Output:
(D)