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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Input: Consider Input: who are undeniably state actors, colluded with her in her actions. When all intendments are taken in the Plaintiffs' favor, therefore, their allegations indicate both that Malac infringed their substantive due process rights and that she can be considered a state actor. Accordingly, Malac's motion to dismiss is denied. III. CONCLUSION For the foregoing reasons, Defendant Barbara Malac's motion to dismiss [Docket No. 47] is DENIED. The motion of Defendant Agent Cynthia Preston and Defendant Agent Nancy Gingras [Docket No. 50] to dismiss is DENIED with respect to Agent Preston, but GRANTED with respect to Agent Gingras. SO ORDERED. 1 . For the propriety of citing this unpublished Second Circuit opinion, see Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (Arnold, J.) (<HOLDING>), vacated as moot, 235 F.3d 1054 (8th Cir.2000)
Holding statements: (A) holding that unpublished opinions are of persuasive value at best and not precedential (B) holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits (C) holding that even district court cases decided by panels of three have no precedential value (D) holding that unpublished opinions have precedential effect (E) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted

Output: (D)

Input: Consider Input: in this sense, inasmuch as he has alleged an imminent violation of his statutory right to personal privacy within the trial court's power to enjoin. "Standing" can also refer to various judicially-created limitations on the exercise of jurisdiction, such as "the general prohibition on a litigant's raising another person's legal rights, the rule barring adjudication of generalized grievances more appropriately addressed in the representative branches, and the requirement that a plaintiffs complaint fall within the zone of interests protected by the law invoked." Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984). It is not, however, standing in this so-called prudential sense with wh out the phrase, in Rector v. City of Bowling Green, 594 S.W.2d 891 (Ky.1979) (<HOLDING>). The question thig case presents is who, aside
Holding statements: (A) holding that nonindustrial property owners did not have standing under the asserted statute to challenge an annexation (B) holding that representation by state officials that they have no present plan to enforce a statute does not divest plaintiffs of standing to challenge the statute because the states position could well change (C) holding that petitioners who asserted neither a property interest nor a possessory interest in property searched or seized were not entitled to assert a constitutional challenge to the search (D) holding annexation ordinance void (E) holding that person who is not party to contract does not have standing to challenge contract

Output: (A)

Input: Consider Input: or erected by the government rather than a private organization. The discriminating characteristic that allowed the Christmas tree display and prohibited the menorah was solely that the former was a secular symbol and the latter a religious one. The distinction was made on the basis of what was said, not who was speaking. 11 . The Court explained: It is axiomatic that the government may not regulate speech based on its substantive content or the message it conveys. Other principles follow from this precept. In the realm of private speech or expression, government regulation may not favor one speaker over another. Discrimination against speech bec L.Ed.2d 640 (1990). 16 . Cf. County of Allegheny v. ACLU Greater Pittsburgh Chapter, 492 U.S. 573, 109 S.Ct. 3086, 106 L.Ed.2d 472 (1989) (<HOLDING>). In Allegheny, the Court evaluated the effect
Holding statements: (A) holding that display of unattended menorah in city hall park quite close to seat of government violated establishment clause because its combination alongside a secular holiday display did not cause a viewer to see the exhibit as a whole or as a unitary symbol (B) holding inter alia that the display of a creche at a country courthouse violated the establishment clause but noting that there is an obvious distinction between a creche display and references to god in the motto and the pledge (C) holding that the display of a creche as a part of a public christmas display depicts the historical origins of this traditional event long recognized as a national holiday (D) holding that county violated establishment clause by giving roman catholic group preferential access to display standalone creche depicting birth of jesus on main staircase of its seat of government because reasonable observer would believe countys action was meant to support and promote christianity (E) holding that the display of a privately sponsored creche on the staircase of the courthouse violated the establishment clause because the display actually favored sectarian religious expression
Output: (E)