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: venture” (FAC ¶ 39) are similarly insufficient. See Cannon v. Douglas Elliman, L.L.C., No. 06-CV-7092, 2007 WL 4358456, at *4 n. 3 (S.D.N.Y. Dec. 10, 2007) (“[Pjleading a joint venture does not trigger joint employer status because it is possible for joint ventures to separately employ different people .... ”); Hibbs-Rines v. Seagate Techs., L.L.C., No. 08-CV-5430, 2009 WL 513496, at *5 (N.D.Cal. Mar. 2, 2009) (“Plaintiff joint employer allegations are insufficient because they are legal conclusions, not factual allegations, .... While plaintiff is not required to conclusively establish that defendants were her joint employers at the pleading stage, plaintiff must at least allege some facts in support of this legal conclusion.”) cf. Patel v. Wargo, 803 F.2d 632, 635-36 (11th Cir.1986) (<HOLDING>). Plaintiffs arguments that these Defendants 
 Holding statements: (A) holding under flsa 29 usc  216c (B) holding that the authorization under 29 usc  1132a3 extends to a suit against a nonfiduciary party in interest to a transaction barred by 29 usc  1106a (C) holding under 29 usc  216c (D) holding that the finding that entities constitute a single enterprise under 29 usc  203r is separate and distinct from whether an entity is an employer under 29 usc  203d (E) holding that the defendant is in the best position to prove and should bear the burden of establishing its entitlement to an exemption under 29 usc  1108 from 29 usc  1106b erisas prohibited transactions provision

A: holding under flsa 29 usc  216c
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Q: to her or to the government, and some of which may be quite different than either thought possible. Teeter, 257 F.3d at 21; see also Sotirion v. United States, 617 F.3d 27, 38 (1st Cir. 2010). At the time of sentencing there was no “sentencing error”. Petitioner made a knowing and voluntary waiver of his rights, choosing the certainty of a binding plea agreement over the uncertainty of a jury trial. He cannot accept the benefit of that agreement and then repudiate it when a change in circumstances later arises. See Teeter, 257 F.3d at 21. A retroactive determination that an advisory guideline range may have been ■ miscalculated does not overcome petitioner’s appellate waiver; See Sotirion, 617 F.3d at 38; see also United States v. Calderon-Pacheco, 564 F.3d 55, 59 (1st Cir. 2009) (<HOLDING>). In view of the circumstances, the Court 
 Holding statements: (A) holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver (B) holding a showing of egregious facts required to vault the hurdle erected by the waiver (C) holding that the failure to provide a person with all of the information required by ors 4261001 constitutes an egregious error that justifies plain error review (D) recognizing waiver by acquiescence as a possible defense to an action for past due alimony but finding no waiver under the facts presented (E) holding that the issue of waiver requires an analysis of the specific facts in each case

A: holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver
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Q: (quoting Seminole Tribe v. Florida, 517 U.S. 44, 67, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996)). Because we affirmed the denial of qualified immunity in Martinez-Aguero and allowed the case to proceed to trial, the availability of a Bivens remedy was necessary to the decision and is binding Fifth Circuit law. 3 . See, e.g., Escobar v. Gaines, No. 3-11-0994, 2014 WL 4384389, at *4 (M.D.Tenn. Sept. 4, 2014) (“The Court does not have to 'imply' a damages remedy [for undocumented immigrants challenging a raid by immigration officials] — one already exists under Bivens for damages against federal officers who violate a person’s Fourth Amendment rights.”); Morales v. Chadbourne, 996 F.Supp.2d 19, 30-34 (D.R.I.2014) (same); Vazquez-Mentado v. Buitron, 995 F.Supp.2d 93, 97-102 (N.D.N.Y.2014) (<HOLDING>); Diaz-Bernal v. Myers, 758 F.Supp.2d 106, 111, 
 Holding statements: (A) recognizing an implied fourth amendment action for damages (B) holding that a mexican national who alleged that she had been illegally arrested and beaten by a border patrol agent may bring a bivens claim for unlawful arrest and the excessive use of force under the fourth amendment (C) recognizing aliens bivens claim for damages under the fourth amendment against the chief border patrol agent arising from the us border patrol buffalo sectors policy which rewarded usbp buffalo sec tor agents with cash vacation time and gift cards for high arrest numbers but not for the legality of arrests (D) recognizing cause of action for damages against federal agents acting under their authority who allegedly violated plaintiffs fourth amendment rights (E) recognizing an action for damages against unknown federal agents for the violation of constitutional rights

A:
recognizing an implied fourth amendment action for damages
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