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.

Example Input: in some respect. To me, such an approach invites municipal officials to substitute rank speculation and conjectural claptrap for genuine engineering expertise and constitutes an open invitation for local planners to engage in incompetent fear-mongering about perceived or imagined development risks, no matter how unfounded, unlikely, or controllable such risks may be. Such an open-textured standard for upholding the denial of subdivision applications will all too easily be converted into an impermeable cloak to cover confiscatory regulatory takings, official pandering to neighbors’ antidevelopment biases, political shenanigans, and other such local governmental capriciousness of the sort that we recently condemned in L.A. Ray Realty v. Town Council of Cumberland, 698 A.2d 202 (R.I.1997) (<HOLDING>). Moreover, the mere fact that the municipality 
 Holding statements: (A) holding that a state is not a person under 42 usc  1983 (B) holding that person in 42 usc  1983 does not include states (C) holding that 42 usc  1983 does not provide a remedy for flsa violations (D) holding that the petitioner property owners had established 42 usc  1983 substantive and procedural dueprocess violations against town officials who arbitrarily denied the plaintiffs request for subdivision approval (E) holding that plaintiffs had claim under 42 usc  1983 against state where state had created an intermediate care facility but placed plaintiffs on waiting list
Example Output: holding that a state is not a person under 42 usc  1983

Example Input: 2009) (citations omitted) (quoting Impresa Construzioni Geom. Domenico Garufi, 238 F.3d at 1332-33); accord Advanced Data Concepts, Inc. v. United States, 216 F.3d 1054, 1058 (Fed. Cir. 2000) (“The arbitrary and capricious standard ... requires a reviewing court to sustain an agency action evincing rational reasoning and consideration of relevant factors.”); see also Citizens to Preserve Overton Park, Inc., 401 U.S. at 416, 91 S.Ct. 814 (“The court is not empowered to substitute its judgment for that of the agency.”). In addition to showing “a significant error in the procurement process,” a protestor must show “that the error prejudiced it.” Data Gen. Corp. v. Johnson, 78 F.3d 1556, 1562 (Fed. Cir. 1996); see also Bannum, Inc. v. United States, 404 F.3d 1346, 1351 (Fed. Cir. 2005) (<HOLDING>). “To establish prejudice ..., a protester must 
 Holding statements: (A) holding that a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure (B) holding that if the procuring agencys decision lacked a rational basis or was made in violation of the applicable statutes regulations or procedures the court must then determine as a factual matter if the bid protester was prejudiced by that conduct (C) holding a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 if the procurement procedure involved a violation of regulation or procedure (D) holding that a protester must show that the governments error in a bid evaluation was so significant that the government had no reasonable basis for its best value determination (E) holding that in bid protest cases  a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure 
Example Output: holding that a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure

Example Input: right ... exists.” United States v. Testan, 424 U.S. 392, 398, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). Therefore, a plaintiff must identify and plead an independent contractual relationship, constitutional provision, federal statute, or executive agency regulation that provides a substantive right to money damages. Fisher v. United States, 402 F.3d 1167, 1172 (Fed.Cir.2005) (en banc) (“The Tucker Act itself does not create a substantive cause of action; in order to come within the jurisdictional reach and the waiver of the Tucker Act, a plaintiff must identify a separate source of substantive law that creates the right to money damages.”). The burden of establishing jurisdiction falls upon the plaintiff. FW/PBS, Inc. v. Dallas, 493 U.S. 215, 231, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990) (<HOLDING>); see also RCFC 12(b)(1). The May 12, 2009 
 Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government (C) holding that the burden is on the plaintiff (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the party seeking to exercise jurisdiction by clearly alleging facts sufficient to establish jurisdiction
Example Output:
holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government