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.

Example Input: alleged prejudice stems from the unavailability of witnesses, the Fourth Circuit explained in Jones what type of evidence is typically required: “[Cjourts have generally required that the defendant identify the witness he would have called; demonstrate, with specificity, the expected content of that witness’ testimony; establish to the court’s satisfaction that he has made serious attempts to locate the witness; and, finally, show that the information the witness would have provided was not available from other sources.” 94 F.3d at 908; see also U.S. v. Cornielle, 171 F.3d 748, 752 (2nd Cir.1999) (recognizing that actual prejudice “is commonly demonstrated by the loss of documentary evidence or the unavailability of a key witness”); U.S. v. Scoggins, 992 F.2d 164, 167 (8th Cir.1993) (<HOLDING>); Sabath, 990 F.Supp. at 1014 (finding 
 Holding statements: (A) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (B) holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources (C) holding that defendant is under an obligation to give the government notice of an alibi witness even if defendant is unable to locate the witness (D) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (E) holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary
Example Output: holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case

Example Input: Discipl. LEXIS 78, *9 (attorney disbursed all settlement proceeds to client less amount he retained for himself, after having been placed on notice that prior attorney claimed an in terest in any settlement funds in violation of Colo, RPC 1.15(b)). III. ANALYSIS OF SANCTION In both the Dunn and McCarthy matters, Rishel engaged in knowing conversion by obtaining funds from third parties for a stated purpose, failing to utilize the funds for that purpose, retaining the funds for an extended period of time after the third parties had withdrawn authorization, and failing to refund the amounts paid to the third parties despite their demand that he do so. The presumptive sanction for knowing conversion of the property of another is disbarment. People v. Dice, 947 P.2d 339, 340 (Colo.1997)(<HOLDING>); Motsenbocker; 926 P.2d at 577 (attorney 
 Holding statements: (A) holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause (B) holding that a lawyers knowing misappropriation of funds whether belonging to a client or third party warrants disbarment except in the presence of extraordinary factors of mitigation (C) holding that an attorney should not be disbarred for misappropriation of client funds where there were no aggravating factors the attorneys clients did not suffer actual harm and the attorney established several mitigating factors (D) holding that permanent disbarment was appropriate for failure to remit 2000 in settlement funds to client and failing to answer the charges (E) recognizing that a lawyer hired by a third person to represent a client should exercise judgment on behalf of the client independent from the interests of the third person
Example Output: holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause

Example Input: at 334 (citing 1982 U.S.C.C.A.N. 4434, 4441-42); see also Putnam, 833 F.2d at 904-05 (dismissal for failure to serve within time period may operate as dismissal with prejudice when action will be time-barred); Townsel v. County of Contra Costa, 820 F.2d 319, 321 (9th Cir.1987) (stating that Congress “balanced the possible loss of a litigant’s federal cause of action against the need to encourage diligent prosecution of lawsuits.”); Lovelace v. Acme Markets, Inc., 820 F.2d 81, 85 (3d Cir.), cert. denied, 484 U.S. 965, 108 S.Ct. 455, 98 L.Ed.2d 395 (1987) (determining that even though dismissal could spell end of plaintiffs cause of action, inadvertence and lack of diligence could not be excused in light of legislative intent for strict interpretation of Rule 4(j)); Wei 763 F.2d at 372 (<HOLDING>). In the instant case, Plaintiffs Original 
 Holding statements: (A) holding that individual employees are not liable under title vii (B) recognizing that action will be timebarred under title vii if dismissed under rule 4j (C) holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii (D) holding individual employees may be liable under title vii (E) holding that there is no individual liability under title vii
Example Output:
holding that individual employees are not liable under title vii