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.
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Question: objectively by a reasonable person. Cooper v. Albacore Holdings, Inc., 204 S.W.3d 238, 244-45 (Mo.App.E.D.2006). Here, the trial court found that the Employer’s alleged conduct was not sufficient as a matter of law to objectively establish severe or pervasive hostility based on a disability. Whether “a reasonable person would objectively consider [an employer’s] behavior towards [a claimant] severe enough to alter the conditions of her employment and create an abusive working environment” is a question of fact. Cooper, 204 S.W.3d at 245; see also Howard, 149 F.3d at 840; 37 William C established, whether a reasonable person would similarly find the conduct offensive will generally be a question of fact for the jury. Cf. Meyerkord v. Zipatoni Co., 276 S.W.3d 319, 326 (Mo.App.E.D.2008) (<HOLDING>); Y.G. v. Jewish Hasp, of St. Louis, 795 S.W.2d 
 Holding statements: (A) holding that a person is seized when a reasonable person would have believed that he was not free to leave (B) holding that whether misrepresentations would be highly offensive to a reasonable person are questions for a jury (C) holding that questions of proximate cause are within the exclusive domain for the jury and may only be removed when reasonable minds cannot differ (D) holding in determining whether driver was insured under terms of policy exclusion of person using vehicle without a reasonable belief person was entitled to do so must be considered (E) holding that whether an encounter is consensual hinges on whether a reasonable person would have felt free to disregard the police and go about his business

Answer: holding that a person is seized when a reasonable person would have believed that he was not free to leave


Question: even if the 1993 judgment was final and appealable, they may challenge the merits of the 1993 judgment in this appeal from the 1995 order. This appeal is untimely only if the District Court’s 1993 decision — which ordered only that ISP submit a plan to remedy the constitutional flaws in its policy — was a final judgment, appealable to this Court under 28 U.S.C. § 1291. We believe that the District Court’s 1993 order was no more final under § 1291 than the one at issue in Sherpell v. Humnoke School Dist., 814 F.2d 538 (8th Cir.1987), which held that a district court order to a school district to submit a plan to remedy an unconstitutional atmosphere of racial hostility was not an appealable final judgment. Id. at 539; see also Hendrickson v. Griggs, 856 F.2d 1041, 1044 (8th Cir.1988) (<HOLDING>). The November 1995 judgment is, therefore, the 
 Holding statements: (A) holding that an order of consolidation is interlocutory and not immediately appealable (B) holding that the modification or dissolution of an injunction in a limitation of liability proceeding is appealable as a matter of right under  1292a1 (C) holding an order denying a motion for summary judgment is interlocutory and not appealable (D) holding injunction ordering prison to submit plan for reformation of unconstitutional prison conditions not appealable as interlocutory order under 28 usc  1292a1 (E) holding that a rehearing order is interlocutory and not appealable

Answer: holding that an order of consolidation is interlocutory and not immediately appealable


Question: the parole search was not based on probable cause or reasonable suspicion, the jury was properly instructed to examine the motives and intent of [the] Officers .. .to insure that, at the very least, the suspicionless search was not arbitrary, capricious, or harassing.”). As such, this is yet another basis for which the Court cannot grant Defendants summary judgment. As to qualified immunity, Plaintiffs argue “[a] search performed to harass is unconstitutional and no reasonable officer could have believed otherwise in November 2014.” Pis.’ Opp’n at 12. In doing so, they cite both the Supreme Court’s opinion in Samson v. California, as well as the Ninth Circuit’s opinion in United States v. King, both of which condemn harassing searches. Id.; see Samson 547 U.S. at 856, 126 S.Ct. 2193 (<HOLDING>); King, 736 F.3d at 810 (probation may not be 
 Holding statements: (A) holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case (B) holding that fourth amendment applicable in administrative searches for safety inspections (C) holding that prisoners have no legitimate expectation of privacy and that the fourth amendments prohibition on unreasonable searches does not apply in prison cells (D) recognizing tedder as a significant procedural safeguard (E) recognizing californias prohibition on harassing searches as a procedural safeguard under the fourth amendment

Answer:
holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case