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.

Joseph F. Nascimento and his minor daughter Kendall E. Nascimento appeal pro se the district court’s dismissal, pursuant to Fed.R.Civ.P. 12(b)(6), of their civil rights action seeking reversal of a Montana state court decision regarding the custody of Kendall Nascimento. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s dismissal and affirm. See H.C. v. Koppel, 203 F.3d 610, 613 (9th Cir.2000) (<HOLDING>); see also Branson v. Nott, 62 F.3d 287, 291 
 Holding statements: (A) holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration (B) holding that federal district courts should abstain from interfering with pending state court proceedings (C) holding that courts should only abstain under younger if the state proceedings are coercive and not remedial and citing a number of district court opinions (D) recognizing that the longstanding public policy against federal court interference with state court proceedings generally requires federal courts to abstain from involvement in state criminal proceedings (E) holding that federal courts should apply state substantive law
holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration

2. Although the substance of the inquiry remains the same, the Supreme Court has counseled that the question whether a defendant can show a violation of his own Fourth Amendment rights “is more properly placed within the purview of substantive Fourth Amendment law than within that of standing.” Rakas v. Illinois, 439 U.S. 128, 140, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). With that said, we do not quarrel with the district court’s analysis on this point. Several distinguished jurists continue to use the “standing” terminology as useful shorthand. See, e.g., United States v. Romain, 393 F.3d 63, 68 (1st Cir.2004) (Selya, J.) (acknowledging after Rakas that the term “standing” “is imprecise,” but adopting the usage “[f]or simplicity’s sake”). But, regardless of terminolo 1 (10th Cir.2004) (<HOLDING>). As we observe below, the conclusion that 
 Holding statements: (A) holding that prisoners do not have a reasonable expectation of privacy in their cells (B) holding a person who is present at anothers home with permission simply for the purpose of consummating a business transaction does not have a reasonable expectation of privacy there (C) holding that for purposes of federal constitutional law a person does not possess a reasonable expectation of privacy with respect to trash discarded outside the home (D) holding that the constitutional protection of an individuals reasonable expectation of privacy in his or her home does not extend to a place of business (E) holding a person at anothers residence solely for the purpose of engaging in drug related activity has no legitimate expectation of privacy in the residence
holding that prisoners do not have a reasonable expectation of privacy in their cells

was told he needed to “go back to the jungle,” and Ku Klux Klan material was shown to an African-American employee on the internet. 446 F.Supp.2d 615, 627 (W.D.Va.2006). In granting summary judgment, the Court held that the acts of harassment plaintiff experienced were insufficiently frequent because he could only identify eight acts that took place over the course of twenty years. Id. Similarly, in Rose, this Court granted summary judgment for defendant because plaintiff could only identify two relatively non-severe racial insults that were nonthreatening, and that did not appear to adversely impact plaintiffs ability to do her job. 2006 WL 173690, at *4. The racial comments at issue in Orenge v. Veneman were similarly infrequent and non-threatening. 218 F.Supp.2d 758, 767 (D.Md.2002) (<HOLDING>). The Court finds that Plaintiff has alleged 
 Holding statements: (A) holding that a prima facie case of discrimination is not established merely by the number of peremptory strikes against blacks in cases where the percentage of blacks on the empaneled jury is higher than the percentage of the venire pool (B) holding that white female had standing under title vii to challenge her employees alleged racial discrimination against blacks (C) holding that the statement at your age i dont believe you could pass the test is not direct evidence of age discrimination (D) holding that blacks who were not subjected to racial discrimination had standing under title vii to sue over discrimination against other blacks (E) holding that repeated racial comments such as whites will never trust blacks again blacks are trying to get a free ride and you guys dont pull your weight did not rise to the level of severe or pervasive

holding that a prima facie case of discrimination is not established merely by the number of peremptory strikes against blacks in cases where the percentage of blacks on the empaneled jury is higher than the percentage of the venire pool