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:
... shall exist within the United States," U.S. Const, amend. XIII, 1, and empowers Congress to enforce its provisions, see U.S. Const, amend. XIII, 2. The Supreme Court has interpreted this grant of power broadly, finding that Congress can affirmatively enforce the ban on slavery and involuntary servitude, and enact legislation to erase "all badges and incidents of slavery in the United States." Civil Rights Cases, 109 U.S. 3, 20, 3 S.Ct. 18, 27 L.Ed. 835 (1883). Moreover, in Jones v. Alfred H. Mayer Co., 392 U.S. 409, 88 S.Ct. 2186, 20 L.Ed.2d 1189 (1968), the Supreme Court opened the door to the inclusion of private acts of racial discrimination within the "badges and incidents of slavery" language as stated in the Civil Rights Cases. See Jones, 392 U.S. at 413, 88 S.Ct. 2186 (<HOLDING>). Although the Thirteenth Amendment was
Holding statements: (A) holding that 42 usc 1982 a provision of the civil rights act of 1866 which allows victims of racial discrimination to sue private defendants was a valid exercise of congress thirteenth amendment authority (B) holding official immunity is available in claims of discrimination if plaintiff fails to establish his treatment by defendants was so at variance with what would reasonably be anticipated absent racial discrimination that racial discrimination is the probable explanation (C) holding that civil rights claims under 42 usc 1981 and 1982 are personal injury tort claims (D) holding that the retaliation provision of title vii is an adequate exercise of congress authority under section 5 of the fourteenth amendment (E) holding that 18 usc 245 a statute passed on the same day as 42 usc 3631 and for similar purposes constituted a valid enactment under congress thirteenth amendment authority as applied to racially motivated interference with federallyprotected rights
answer:
holding official immunity is available in claims of discrimination if plaintiff fails to establish his treatment by defendants was so at variance with what would reasonably be anticipated absent racial discrimination that racial discrimination is the probable explanation

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the public interest and '[considerations based on the allocation of powers within our federal system' require that the district court defer to local government administrators." Id. In Sweeton, 27 F.3d at 1166, the Sixth Circuit was very clear that, where "decisional law has changed so that the enjoined behavior, which once might have been a violation of federal law, is no longer a matter of federal law at all" the injunction must be vacated. In light of the fact that no federal right underpins the 1974 decree as well as the fact that the "local government administrators" in this case appear to favor vacating the decree the court can identify no reason that the 1974 consent decree should remain in effect. Cf. Agostini v. Felton, 521 U.S. 203, 216, 117 S.Ct. 1997, 138 L.Ed.2d 391 (<HOLDING>); Railway Employees v. Wright, 364 U.S. 642,
Holding statements: (A) holding that a consent decree should be vacated under rule 60b in light of amendments to the railway labor act (B) holding that a motion to terminate a consent decree was moot because the challenged provisions of the decree had expired (C) holding that a motion to terminate a consent decree was moot because there was no consent decree left to be terminated (D) holding that a court errs when it refuses to modify an injunction or consent decree in light of changes in statutory or decisional law (E) holding that statutory authority to modify does not contemplate fundamental changes
answer:
holding that a consent decree should be vacated under rule 60b in light of amendments to the railway labor act

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the District's sexual harassment policy, and how to handle sexual harassment complaints; and (2) the adequacy of the defendants' response to plaintiffs complaints of sexual harassment. Accordingly, summary judgment of plaintiffs negligent training and supervision claim must be denied. 2. Vicarious liability "The doctrine of respondeat superi- or renders an employer vicariously liable for torts committed by an employee acting within the scope of the employment." Judith M. v. Sisters of Charity Hosp., 93 N.Y.2d 932, 933, 715 N.E.2d 95, 96, 693 N.Y.S.2d 67, 68 (1999); Riviello v. Waldron, 47 N.Y.2d 297, 302, 391 N.E.2d 1278, 1281, 418 N.Y.S.2d 300, 302 (1979). School districts may be held vicariously liable for torts committed by an employee. Murray v. Water Y.S.2d 347, 348 (3d Dep't 1994)(<HOLDING>). Further, for respondeat superior to attach,
Holding statements: (A) holding that the district was not liable under respondeat superior for a teachers sexual assault of a student even though it occurred on school grounds and during school hours because the criminal misconduct was not within the scope of the teachers employment (B) holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver (C) holding the tlo standard governs school searches when school resource officers who although employed by the local police department are primarily responsible to the school district are acting in conjunction with school officials (D) holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours (E) holding that intraconspiracy doctrine applied to plaintiffs claims against school board teacher school principal and district superintendent
answer:
holding that the district was not liable under respondeat superior for a teachers sexual assault of a student even though it occurred on school grounds and during school hours because the criminal misconduct was not within the scope of the teachers employment