instruction:
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.
question:
It is axiomatic, however, that states act through their officials and agencies. Thus, under Will, those state agencies and other political subdivisions which carry out the state’s business and have immunity from lawsuits under the Eleventh Amendment constitute “arms of the state.” Pursuant to Will, such entities would not be considered persons under § 1983. Those political subdivisions which are not provided immunity under the Eleventh Amendment, do not rise to the level of “arms of the state” and would, under Will, be considered to be persons for the purposes of § 1983. See Barket, Levy & Fine v. St. Louis Thermal Energy Corp., 948 F.2d 1084, 1086-88 (8th Cir.1991) (bi-state agency is a “person” under § 1983); Magula v. Broward Gen. Medical Ctr., 742 F.Supp. 645, 649 (S.D.Fla.1990) (<HOLDING>). Since the Will decision was handed down, a 
 Holding statements: (A) holding that a county is not an arm of the state for purposes of the eleventh amendment (B) holding that an ohio school district is more like a county or city than it is like an arm of the state and therefore it is not entitled to assert eleventh amendment immunity from suit (C) holding that the anne arundel board of education is an arm of the state for purposes of eleventh amendment immunity (D) holding that the puc is not an arm of the state and rejecting claim of immunity (E) holding that because hospital district is more like a municipality than an arm of the state hospital district did not have eleventh amendment immunity
answer:
holding that a county is not an arm of the state for purposes of the eleventh amendment


question:
to Richardson. 6 . In J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), the Supreme Court extended Batson and its progeny to prohibit the exercise of peremptory challenges on the basis of gender. 7 . The Slate also points out that the presiding judge in the instant case is an African American jurist. Judge Green's sensitivity and efforts to seat a constitutional and racially-diverse jury for defendant, is evidenced in the debate over Richardson. Even though the judge originally found the state’s race-neutral reasons as to Richardson valid, he became concerned about the exclusion of African Americans from defendant's jury. However, the judge’s race is not relevant to Batson analysis. See State v. Tilley, 99-0569, p. 8 (La.7/6/00), 767 So.2d 6, 15 (<HOLDING>). 8 . A discussion of the assignments of error 
 Holding statements: (A) holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case (B) holding that a criminal defendant can bring a third party challenge to the peremptory striking of jurors based on race whether or not he is of the same race as the jurors who are struck (C) recognizing that certain forms of race consciousness do not lead inevitably to impermissible race discrimination (D) holding that custody decision based on race is not justified (E) holding that the race of the prosecutor is irrelevant
answer:
holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case


question:
if it: (1) “legislatively determines guilt and inflicts punishment,” (2) “upon an identifiable individual,” and (3) “without provision of the protections of a judicial trial”). The enabling act establishing the Board and its duties does not meet these criteria. 2. The district court properly dismissed Read’s claims against Administrative Law Judge Gutman on the basis of judicial immunity. Read failed to a the Oregon Medical Board was not error. The district court properly applied Butz v. Economou, 438 U.S. 478, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978), and Mishler v. Clift, 191 F.3d 998 (9th Cir. 1999), in determining that the Board members’ functions were sufficiently analogous to those of a judge or prosecutor. See Olsen v. Idaho State Bd. of Med., 363 F.3d 916, 922-29 (9th Cir. 2004) (<HOLDING>); see also Mishler, 191 F.3d at 1009 
 Holding statements: (A) recognizing absolute immunity for attorneys and board members of the texas medical board (B) holding that members of idaho state board of medicine their staff and their counsel were entitled to absolute immunity under butz and mishler (C) holding that the nevada state board of medical examiners and its members are functionally comparable to judges and prosecutors  and are entitled to absolute immunity for their quasijudicial acts (D) holding that while a witness and prosecutor were protected by absolute immunity for their participation in judicial proceedings they were not entitled to absolute immunity on a  1983 claim that they conspired to present false testimony (E) recognizing absolute immunity for board members and the director of the mississippi state board of nursing
answer:

recognizing absolute immunity for attorneys and board members of the texas medical board