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.

Input: Consider Input: from this guard which, in combination, may suggest an ethnicity or national origin-based animosity predating the August incident. In light of these combined facts, a jury could reasonably conclude that Plaintiff was, in fact, selected either as the target, or at least the “subject,” of the call precisely because of his known ethnicity or national origin. As noted in the Report, it has long been settled that “[prisoners are protected under the Equal Protection Clause ... from invidious discrimination.” Report at 57 (citing Wolff v. McDonnell, 418 U.S. 539, 556, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974)). These rights, extend, for example, to claims based on denial of a right to participate in specific prison work assignments based on race. LaBounty v. Adler, 933 F.2d 121, 123 (2d Cir.1991) (<HOLDING>). In a recent decision, a district court relied 
 Holding statements: (A) holding that prison conditions are those aspects of prison life affecting the entire prison population (B) holding a prisoner has no constitutional right to a job in prison (C) holding that a prisoner has no constitutionallybased liberty interest in a particular prison classification  because an inmate is not entitled to a particular degree of liberty in prison (D) holding that an inmate has no right to any particular prison job but prison officials cannot discriminate against him on the basis of his race in work assignments (E) holding that an inmate has a first amendment right to file grievances against prison officials

Output: holding that prison conditions are those aspects of prison life affecting the entire prison population


Input: Consider Input: his claims based on injury to his eye and knees. But Mr. Sanders does not state any basis for his challenge to those decisions. Finally, Mr. Sanders claims that he has been deprived of due process and discriminated against based on his race. As already stated, we have jurisdiction to consider constitutional arguments. See 38 U.S.C. § 7292(d)(2). But Mr. Sanders does not provide any facts to substantiate his arguments. Nor do we see any basis for his arguments in the record. In the absence of any evidentiary support, Mr. Sanders’s passing remarks amount to no more than a constitutional label for his otherwise factual disagreement "with the decisions of the Veterans Court and the Board. That does not suffice to create jurisdiction. See Helfer v. West, 174 F.3d 1332, 1335 (Fed.Cir.1999) (<HOLDING>); Livingston v. Derwinski, 959 F.2d 224, 225 
 Holding statements: (A) holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal (B) holding that rcw 1040200 does not create a constitutional right to be advised of immigration consequences therefore failure to comply with statute does not create constitutional harm (C) holding that a board decision is required to vest the court of veterans appeals with jurisdiction over a claimants appeal (D) holding that mere disagreement over the proper treatment does not create a constitutional claim (E) holding that a claim that is constitutional in name only does not create jurisdiction over an appeal from the veterans court

Output: holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal


Input: Consider Input: whether a broker is entitled to a commission for condemnation of property should be analyzed according to ordinary contract principles, including those applicable to oral contracts and contract modification. The focus should be on the agreed scope of the broker’s employment, not on extraneous factors such as when the state should take possession. We now discuss those principles and apply them to this case. B. Applying Contract Principles An oral contract, such as the one in this case, is subject to the basic requirements of contract law such as offer, acceptance, consideration and sufficient spe t a contract of employment between a broker and a principal may be oral or written); 12 Am.Jur.2d Brokers § 51 (1997) (same); cf. Futch v. Head, 511 So.2d 314, 317 (Fla. 1st DCA 1987) (<HOLDING>). Applying these principles to brokerage 
 Holding statements: (A) holding that sufficient evidence existed of an enforceable oral commission agreement between a broker and a cobroker and sustaining the verdict (B) holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only  with the existence of the alleged oral contract (C) holding that oral listing agreement did not preclude recovery of a commission (D) holding that the evidence was sufficient for the jury to find that an oral agreement existed and that it was not modified (E) holding that broker whose contract called for commission on sale of property was not entitled to commission on transfer of property to partnership in which owner had an interest and that because broker was not entitled to commission under terms of his contract he also could not recover against a third person on theory of tortious interference with that contract


Output: holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only  with the existence of the alleged oral contract