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.

Ex Input:
rights by initiating criminal proceedings against Mr. Pitt without probable cause. After trial, the district court granted judgment as a matter of law to the defendants on these claims. The court held that it is not “clearly established” that malicious prosecution is a violation of constitutional rights, and. thus the defendants are entitled to qualified immunity. We affirm. Section 1983 creates a cause of action to remedy certain deprivations of federal rights, but it is not a source of substantive rights. See Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979) (noting that “[section 1983] is not itself a source of substantive rights, but a method for vindicating federal rights elsewhere conferred by those parts of the United State 16 (2d Cir.1995) (<HOLDING>); Gallo v. City of Philadelphia, 161 F.3d 217, 
 Holding statements: (A) holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution (B) holding that the fourth amendment right implicated in a malicious prosecution action is the right to be free of unreasonable seizure of the person (C) holding sbm is not a violation of the defendants fourth amendment right to be free from unreasonable searches and seizures (D) holding that there is no fourteenth amendment substantive due process right to be free from malicious prosecution and suggesting that such a cause of action might lie under the fourth amendment (E) recognizing that an alleged deprivation of the right to be free from prosecution without probable cause might be judged under the fourth amendment

Ex Output:
holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution


Ex Input:
explanation of his ‘legitimate reasons’ for exercising the challenges.” (quoting Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 258, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981))); State v. Higginbotham, 917 P.2d 545, 548 (Utah 1996) (listing the four factors discussed above) (citations omitted). Finally, if the proponent provides a sufficient explanation for the peremptory challenges, the trial court must determine whether the opponent of the peremptory challenges has proven purposeful discrimination. Purkett, 514 U.S. at 767, 115 S.Ct. 1769; Johnson, 125 S.Ct. at 2416; Higginbotham, 917 P.2d at 548. ¶ 16 Since deciding Batson, the Supreme Court has continually increased the scope of the Batson test. See Powers v. Ohio, 499 U.S. 400, 409-10, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991) (<HOLDING>); Edmonson v. Leesville Concrete Co., 500 U.S. 
 Holding statements: (A) holding that batson applies to a prosecutors use of peremptory challenges regardless of whether the stricken juror is of the same race as the defendant (B) holding that the constitution prohibits a criminal defendant from engaging in purposeful discrimination on the ground of race in the exercise of peremptory challenges (C) holding that a criminal defendant can bring a third party challenge to the peremptory striking of jurors based on race whether or not he is of the same race as the jurors who are struck (D) holding that a defendants exercise of peremptory challenges  is not denied or impaired when the defendant chooses to use a peremptory challenge to remove a juror who should have been excused for cause (E) holding that it is impermissible to use a peremptory challenge to exclude a potential juror based on race

Ex Output:
holding that the constitution prohibits a criminal defendant from engaging in purposeful discrimination on the ground of race in the exercise of peremptory challenges


Ex Input:
be filed within three years of the time the petitioner’s direct appeal is ruled upon. Miss.Code Ann. § 99-39-5(2) (Rev. 2015). Here, Lyles’s direct appeal of this conviction was affirmed by this Court on May 19, 2009. See Lyles v. State, 12 So.3d 552, 555 (¶ 17) (Miss.Ct.App.2009). He filed his PCR motion in February 2013, over three years later. Thus, his PCR motion is time-barred. ¶ 12. Certain statutory exceptions could waive the procedural bar, such as an intervening Mississippi Supreme Court decision like Gowdy, if it applied. See Miss.Code Ann. § 99-39-5(2)(a)(i). However, Gowdy does not apply, because, as the State points out, it cannot be applied retroactively to cases that were final before April 7, 2011, the date Gowdy’s mandate was issued. See Carr, 178 So.3d at 321 (¶ 6) (<HOLDING>). This Court affirmed Lyles’s conviction on May 
 Holding statements: (A) holding miranda decision does not apply retroactively (B) holding that because apprendi does not apply retroactively neither does blakely (C) holding that apprendi does not apply retroactively (D) holding gowdy does not apply retroactively to habitualoffender convictions that were final when gowdy was issued (E) holding that  523a13 does not apply retroactively

Ex Output:

holding miranda decision does not apply retroactively