With no explanation, chose the best option from "A", "B", "C" or "D". of purely legal questions, such as whether a given set of facts alleged by the plaintiffs would demonstrate a constitutional violation. 4 . We note that the record contains no indication that the OSHP employs explicit racial criteria or admits to racially-motivated decision making. If such a showing could be made, the plaintiffs would not need to establish the existence of a similarly situated class that was not investigated. See Brown v. City of Oneonta, 221 F.3d 329, 337 (2d Cir.2000) ("[I]t is not necessary to plead the existence of a similarly situated non-minority group when challenging a law or policy that contains an express, racial classification.”), cert. denied, — U.S. -, 122 S.Ct. 44, 151 L.Ed.2d 16 (2001); cf. United States v. Ovalle, 136 F.3d 1092, 1104-05 (6th Cir.1998) (<HOLDING>). "In its more recent pronouncements on laws

A: holding that racial discrimination in selection of grand jurors compelled dismissal of indictment
B: holding that although there was evidence of discrimination based on race there was insufficient evidence to support a finding of constructive discharge
C: holding that it is unnecessary for criminal defendant to establish threeprong test for discrimination in grand jury selection where there is direct evidence of exclusion based upon race
D: holding that a defendants guilty plea   forecloses independent inquiry into the claim of discrimination in the selection of the grand jury
C.