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.

Example Input: Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed “plain.” c. Did the plain error affect Thomas’s substantial rights? An error affects a defendant’s “substantial rights” if it is “prejudicial” and it “affected the outcome of the district court proceedings.” Gore, 154 F.3d at 47. “Though ‘prejudice’ is also required to show that an error is not ‘harmless,’ pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that ‘[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65, 
 Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error
Example Output: (D)

Example Input: of serious physical harm,” Gamer, 471 U.S. at 11, 105 S.Ct. at 1701, to Ponseti, or to others if the suspects were allowed to flee. Because Pon-seti could have reasonably believed that the suspects posed an imminent, deadly threat, we conclude that he was justified in using deadly force. Conclusion We therefore conclude that the magistrate judge erred in denying Ponseti’s motion for judgment as a matter of law. Accordingly, the judgment below is REVERSED. 1 . The woman was struck once in the right side of her abdomen. 2 . Under the current Federal Rule of Civil Procedure 50, the terms "directed verdict” and "judgment notwithstanding the verdict” have been replaced by the single term “judgment as a matter of law.” 3 . But see Harper v. Harris County, 21 F.3d 597, 600 (5th Cir.1994) (<HOLDING>). 4 . Smith also observes: “Furthermore, the 
 Holding statements: (A) holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law (B) holding that a violation of the wellestablished rule of brignoniponce constituted an egregious violation of the fourth amendment (C) holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts (D) holding that the notice requirement found in rule 41d is not required by the fourth amendment (E) holding that the significant injury requirement of johnson v morel 876 f2d 477 5th cir1989 a case involving a fourth amendment violation is no longer valid in the wake of hudson v mcmillianus 112 sct 995 117 led2d 156 1992 in which the supreme court held that a showing of a significant injury was not required to prove an eighth amendment violation
Example Output: (E)

Example Input: the armbands because of its desire to avoid the controversy associated with the Vietnam War. Tinker, 393 U.S. at 510, 89 S.Ct. 733. School officials also feared that if the armbands were worn, the friends of a high school student in the district who had been killed in the Vietnam War would “be difficult to control” and that disagreeing students would wear armbands of other colors, causing the potential for conflict. Tinker, 393 U.S. at 509-10, n. 3, 89 S.Ct. 733. In rejecting the concerns of school officials as a basis for prohibiting sp eld the censorship of speech and expression by school officials when such activity has caused material and substantial disruption or collided with the rights of others. See, e.g., Scott v. Sch. Bd. of Alachua County, 324 F.3d 1246 (11th Cir.2003) (<HOLDING>); Blackwell, supra, 363 F.2d at 751-54 
 Holding statements: (A) holding that ban of confederate flags on school grounds was not an unconstitutional restriction of students first amendment rights where racial tensions existed at the school raciallybased fights had occurred in the months leading up to the case and the confederate flag is inappropriate in the school context because it is so associated with racial prejudice that it is likely to provoke feelings of hatred and ill will in others (B) holding unconstitutional a free transfer provision by which students were allowed to transfer solely on a racial basis from the school to which they had been assigned by virtue of redistricting if they were in a racial minority in their new school (C) holding that a school district was not required to move a nurse to a students neighborhood school to comply with the idea (D) holding that where a high school student and the students mother received adequate notice of the charges had sufficient opportunity to prepare for the meeting with school personnel were accorded an orderly hearing and were given a fair and impartial decision no due process violation occurred even though the school failed to provide advance notice that the potential disciplinary actions included a transfer to another school (E) holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours
Example Output:
(A)