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.

Q: 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

A: holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution
****
Q: is outside the ambit of the Fifth Amendment." Id. at 891. Specifically, we held: Recall that in the majority of those cases, the court specifically considered whether the defendant invoked the right to remain silent and concluded that the defendant's statement or action was an invocation of the right. See Combs [v. Coyle, 205 F.3d 269, 286 (6th Cir.2000), reh'g denied, cert. denied, 531 U.S. 1035, 121 S.Ct. 623, 148 L.Ed.2d 533 (2000)]; [United States v. Burson, 952 F.2d 1196, 1200 (10th Cir.1991), cert. denied, 503 U.S. 997, 112 S.Ct. 1702, 118 L.Ed.2d 411 (1992)]; Coppola [v. Powell, 878 F.2d 1562, 1567 (1st Cir.1989), cert. denied, 493 U.S. 969, 110 S.Ct. 418, 107 L.Ed.2d 383 (1989)]; see also Berghuis v. Thompkins, 560 U.S. 370, 130 S.Ct. 2250, 2260, 176 L.Ed.2d 1098 (2010) (<HOLDING>)[, reh'g denied ]. Based on these cases and the 
 Holding statements: (A) holding that during police interrogation right to remain silent must be invoked unambiguously (B) holding that a defendant who is subject to custodial interrogation must be advised in clear and unequivocal language of his constitutional right to remain silent and his right to a lawyer (C) holding that a suspect who wants to invoke his or her right to remain silent must do so unambiguously (D) holding that police may continue questioning a suspect until he unambiguously invokes his right to remain silent (E) holding that an accused must unambiguously invoke the right to remain silent

A: holding that a defendant who is subject to custodial interrogation must be advised in clear and unequivocal language of his constitutional right to remain silent and his right to a lawyer
****
Q: of the Forfeiture Action The first question presented on this appeal is whether administrative forfeiture actions brought within the 120-day time period sufficiently comply with the letter of the law, as provided in § 924(d)(1), when the judicial proceedings are not brought also within the permissible 120 days. Section 924(d)(1) provides, in part: “Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred a 738, 741 (S.D.Tex.1998), aff'd, 54 Fed. Appx. 405, 2002 WL 31688616, at *1 (5th Cir. Oct.28, 2002) (concluding that the statute required “either an administrative forfeiture proceeding or a judicial forfeiture action within 120 days of a seizure”); United States v. Fourteen Various Firearms, 889 F.Supp. 875, 877 (E.D.Va.1995) (<HOLDING>); United States v. Twelve Miscellaneous 
 Holding statements: (A) holding in pertinent part that this court lacked jurisdiction to hear the appeal (B) holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial (C) holding that the district court lacked jurisdiction to hear the case because both the administrative and the judicial forfeiture actions were not commenced within the 120day timeframe (D) holding the appellate court lacked jurisdiction to hear an appeal where the circuit court had the power to remand the agency decision for further proceedings (E) holding that the lower court lacked jurisdiction to hear the case because it was filed without proper authority

A:
holding in pertinent part that this court lacked jurisdiction to hear the appeal
****