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.

[Q]: until after the interview ended. Defendants therefore contend that we should ignore contrary testimony by Whalen and Connelly. On summary judgment, however, we do not merely accept the plaintiff's contentions as true. Instead, we must draw all justifiable inferences in the nonmovanfs favor. There is no requirement that inferences favorable to the plaintiff may only be based on evidence that she has submitted to us. Here, the justifiable inference favorable to plaintiff is that a question of fact exists regarding this issue. 6 . The Supreme Court’s plurality decision in Al-bright casts some doubt on whether a plaintiff may state a claim for coercion of a confession under both the Fifth and the Fourteenth Amendments. See Albright,-U.S. at-,-,-, -, 114 S.Ct. at 813, 814, 817, 820-21 (<HOLDING>). The Second Circuit has stated that Albright 
 Holding statements: (A) holding that false arrest supports a claim against state police under  1983 because it violates the fourth amendment (B) recognizing  1983 substantive due process claim (C) holding that when a prisoners deliberate indifference claim is covered by the eighth amendment the substantive due process claims are duplicative and thus the substantive due process claims should be dismissed (D) holding that warrantless arrest based on probable cause did not violate the fourth amendment (E) holding in five separate opinions that  1983 claim based on persons arrest cannot be brought under substantive due process where more specific constitutional provision  fourth amendment  applies
[A]: (E)


[Q]: that she disapproved of what she reasonably believed to be unlawful retaliation. B. Form and Context To the extent that Thomas’ conduct was expressive, the message was communicated to her immediate supervisor, Miller, and other court employees. She did not, however, attempt to inform the general public about the allegedly retaliatory practices. That Thomas chose to convey her views privately rather than publicly is not determinative of whether her expression is entitled to protection. See Givhan v. W. Line Consol. Sch. Dist., 439 U.S. 410, 415-16, 99 S.Ct. 693, 58 L.Ed.2d 619 (1979). Because content is the most important factor, we have concluded that speech about a matter of public concern may be protected even when made in a private context. See, e.g., Ceballos, 361 F.3d at 1174 (<HOLDING>); Ulrich, 308 F.3d at 979 (“[T]he public 
 Holding statements: (A) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected (B) holding that a written offer accepted by parol may constitute a sufficient memorandum of the contract provided the person making the offer is the party to be charged (C) holding that a memorandum given to the employees supervisors was protected speech when the memorandum alleged criminal wrongdo ing (D) holding that after the district court determined that the plaintiffs speech was protected the court was required to inform the jury of its ruling that knapps speech was constitutionally protected (E) holding the separate document rule violated when the alleged judgment was included with the memorandum and order of the court
[A]: (C)


[Q]: invites an error may not later challenge that error on appeal. Id. As a result, “[wjhere invited error exists, it precludes a court from invoking the plain error rule and reversing.” Id. (quotation omitted). In this case, not only did appellant fail to object to the district court’s imposition of a consecutive sentence, but his attorney agreed with the court that U.S.S.G. § 7B1.3(f) directed the court to impose a consecutive sentence. In short, the invited error doctrine precludes our consideration of the first issue appellant raises. II. A district court commits Booker error if it applies the Guidelines in a mandatory fashion. United States v. Shelton, 400 F.3d 1325, 1330-31 (11th Cir.2005); see also Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007) (<HOLDING>). While U.S.S.G. § 7B1.3(f) states that any 
 Holding statements: (A) holding that the district courts use of the sentencing guidelines as a mandatory regime was harmless error because appellant could not receive a lesser sentence than the mandatory minimum required by  2251d (B) holding that the mere mandatory application of the guidelines  the district courts belief that it was required to impose a guidelines sentence  constitutes error (C) holding that a district courts treatment of the guidelines as mandatory renders a sentence procedurally unreasonable (D) recognizing that if a guidelines error did not affect the district courts selection of the sentence imposed the sentence should be affirmed (E) holding that a sentence is procedurally reasonable if the district court committed no significant procedural error such as failing to calculate or improperly calculating the guidelines range treating the guidelines as mandatory failing to consider the  3553a factors selecting a sentence based on clearly erroneous facts or failing to adequately explain the chosen sentence emphasis added
[A]:
(C)