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Example Input: unpublished decisions, "[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim." Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether "there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation" in assessing whether the district court's abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir.
Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits
Example Output: holding that deliberate indifference to a serious medical need establishes an eighth amendment violation

Example Input: 398, 407 (1988) (concluding that the act of inserting an adult's tongue into a child's mouth constituted an "immoral, improper, or indecent" act within the meaning of N.C.G.S. 14-202.1(a)(1) and a "lewd or lascivious" act within the meaning of N.C.G.S. 14-202.1(a)(2)); State v. Hammett, 182 N.C. App. 316, 323, 642 S.E.2d 454, 459 (concluding that masturbating in a child's presence constituted an offense punishable pursuant to N.C.G.S. 14-202.1(a)(2)), appeal dismissed and disc. rev. denied, 361 N.C. 572, 651 S.E.2d 227 (2007); State v. Turman, 52 N.C. App. 376, 377, 278 S.E.2d 574, 575 (1981) (concluding that masturbating in a child's presence constituted an offense pursuant to N.C.G.S. 14-202.1(a)(l)); cf. State v. Jones, 172 N.C. App. 308, 314-16, 616 S.E.2d 15, 19-20 (2005) (<HOLDING>). In light of these decisions, at least four
Holding statements: (A) holding that single substantial act can support exercise of personal jurisdiction (B) holding that multiple convictions under 924c cannot be based on offenses forming a single unit of prosecution (C) holding that a single act cannot support two convictions under both ncgs 142021al and ncgs 142021a 2 respectively (D) recognizing that dui manslaughter and vehicular homicide are two separate crimes neither being a lesser included offense of the other but holding that a single death cannot support convictions for both crimes (E) holding that separate sentences may be imposed for a violation of section 36bd and the predicate offense where both convictions were the result of the same act so long as the charges are brought in a single trial
Example Output: holding that single substantial act can support exercise of personal jurisdiction

Example Input: of an absolute bar to the availability of laches as a legal defense against the state has never been held by the Ohio Supreme Court. Adams Cty. Child Support Enforcement Agency v. Osborne (May 3, 1996), 4th Dist. No. 95CA592, 1996 WL 230038 (stating that the trial court abused its discretion by failing to find that the doctrine of laches bars CSEA from seeking child support under certain facts). Instead, it has been held that laches is not applicable under the specific facts of a case. Id., citing Athens Cty. Prop. Owners Assn. v. Athens (Aug. 26, 1992), 4th Dist. No. 1482, 1992 WL 209497. For example, the Ohio Supreme Court has held that laches may be applicable in parentage actions but only if material prejudice is shown. Wright v. Oliver (1988), 35 Ohio St.3d 10, 12, 517 N.E.2d 883 (<HOLDING>). Furthermore, the Fourth Appellate District
Holding statements: (A) holding that the state police is a state agency (B) holding that an assertion of prejudice is not a showing of prejudice (C) holding that a state agency created under state law was a state actor (D) holding that material prejudice was not present under the facts however an agency of the state was not a party to the action (E) holding that the state courts determination that the petitioner could not show prejudice because he did not allege that the witness was available to testify was a reasonable application of federal law to the facts of the case
Example Output:
holding that the state police is a state agency