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
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Q: 9006(b)(3). There is no excusable neglect basis for enlarging the claims bar date included in Rule 3002(c). Accordingly, the excusable neglect standard found in Rule 9006(b)(1) does not authorize extensions of the claims deadline imposed in chapter 13 cases. In re Oscar, 2005 WL 6522763 (Bankr.E.D.Pa. Apr. 14, 2005). “[S]ince 1994, the courts have almost uniformly ruled that proofs of claim that are untimely filed in a Chapter 13 case may not be deemed timely filed, and that the claimants thereunder should not take from, or be permitted to recover from, the debtor’s estate under the Chapter 13 plan.” Daniels, 466 B.R. at 217 (listing examples). This Court has consistently held that late claims are not permitted in chapter 13 cases. In re Dumain, 492 B.R. 140, 148 (Bankr.S.D.N.Y.2013) (<HOLDING>). As such, the Court will not allow Ocwen’s 
 Holding statements: (A) holding impairment of secured creditors foreclosure remedy permissible (B) holding that failure to comply with bankruptcy rule 4004 may be waived (C) holding that the bankruptcy court lacked subject matter jurisdiction over counterclaims asserted by the bankruptcy estate against a creditor where the claim is a state law action independent of the federal bankruptcy law and not necessarily resolvable by a ruling on the creditors proof of claim in the bankruptcy emphasis added (D) holding that secured creditors must comply with the bar date imposed by bankruptcy rule 3002c (E) holding that a creditors security was preserved notwithstanding the bankruptcy of the debtor

A: holding impairment of secured creditors foreclosure remedy permissible
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Q: to Guatemala to hold meetings with job applicants. Defendants also do not dispute that Eller has the authority to fire any individual employed by Eller and Sons Trees, although he normally delegates this duty to others. It is further e and hour matters at Eller and Sons Trees. In this regard, it is undisputed that Eller set up the pay structure for tree planters at Eller and Sons Trees. Eller has attended AWPA and FLSA compliance seminars on behalf of Eller and Sons Trees and has been the officer in charge of certifying the company’s compliance with the provisions of those laws. Such facts have been considered significant by other courts in examining the issue of employer status. See Stout v. Smolar, Civil Action No. 1:05-CV- 1202-JOF, 2007 WL 2765519, at *5 (N.D.Ga. Sept.18, 2007) (<HOLDING>); Donohue v. Francis Servs., No. Civ.A. 04-170, 
 Holding statements: (A) holding among other things that the officers observations that the defendant was under the influence of a controlled substance without more did not establish probable cause to believe that the defendant had committed a crime (B) holding that pleading was insufficient where the plaintiff failed to among other things set forth the dates of any fraudulent statements (C) holding individual defendant liable where he among other things made inquiries into the business obligations under the flsa (D) holding it error to admit testimony where among other things there was no evidence that defendants appearance had changed since the time of the robbery (E) holding that defendant did not breach oral agreement because among other things the plaintiff had not established that the term in question was part of the oral contract

A:
holding among other things that the officers observations that the defendant was under the influence of a controlled substance without more did not establish probable cause to believe that the defendant had committed a crime
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