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.

[EX Q]: some recognized legal théory. Spinale v. U.S. Dep’t of Agric., 621 F.Supp.2d 112, 119 (S.D.NY 2009) (McMahon, J.) aff'd sub nom., 356 Fed.Appx: 465 (2d Cir.2009). However, a complaint containing “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged” will survive a motion to dismiss. See Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). B. Prison Litigation Reform Act As a threshold matter, the parties dispute whether the Prison Litigation Reform Act (“PLRA”) bars Plaintiffs from recovering compensatory damages. In relevant part, the statute states that “[n]o Federal civil action may be brought by a priso N.Y.2002) (Scheindlin, J.) aff'd, 56 Fed.Appx. 43 (2d Cir.2003) (<HOLDING>). For the well-articulated reasons in Judge 
 Holding statements: (A) holding that the relevant time of inquiry is the date of the filing of the complaint (B) holding with respect to another part of the plra that the court must determine the prisoners status on the date the suit or appeal is brought rather than at some other time (C) holding that the plra only applies to plaintiffs who are incarcerated at the time an action is commenced (D) holding that the plra bar applies to lawsuits brought by inmates regardless of whether the inmate is incarcerated at the time of filing or whether the plaintiff is subsequently paroled sentenced or released (E) holding that the donovan rule applies regardless of whether the injunction is issued before or after the federal court filing
[EX A]: (D)

[EX Q]: ... clearly does not rise to the level of constitutional error when the failure was correct as a matter of state law.” 593 F.2d at 267. He noted also that “the highest court of Kentucky expressly held that the state trial court did not err in refusing to give the requested lesser included offense instruction.” I do not find any error in this conclusion. Shortly after this court decided Pilón, however, the Supreme Court invalidated on due process grounds an Alabama law which forbade the jury to consider a verdict of guilt of a lesser included offense in a capital case when the evidence would have supported such a verdict. Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980). See also Hopper v. Evans, 456 U.S. 605, 611, 102 S.Ct. 2049, 2052, 72 L.Ed.2d 367 (1982) (<HOLDING>). Beck was concerned with imposition of the 
 Holding statements: (A) holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction (B) holding that beck requires that a lesser included offense instruction be given when the evidence warrants such an instruction as a matter of due process in a capital case (C) holding that due process does not require a lesser included offense instruction of manslaughter where not requested (D) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (E) holding that a lesser included offense instruction might be constitutionally required in capital cases because of their unique nature
[EX A]: (B)

[EX Q]: make the point that an illegitimate purpose can often be achieved without any further act beyond the obtaining of the process. Although our cases are not uniform in this respect, some support this point of view. Without turning on any additional act of misuse, a number of cases find that initiating process alone can at times be so coercive and promoting of ulterior advantage that it supports an abuse of process claim. See Malone v. Belcher, 216 Mass. 209, 210-211 (1913) (allowing an abuse of process claim where an “attachment was made for the ostensible purpose of collecting a commission,” but a jury could find that the real object was to prevent the conveyance of the property to another and to secure it for the party suing for the commission); Reardon v. Sadd, 262 Mass. 345 (1928) (<HOLDING>); Jacoby v. Spector, 292 Mass. 366, 369 (1935) 
 Holding statements: (A) holding that arguable probable cause provides an objectively reasonable justification for issuing process and thus gives rise to qualified immunity against an abuse of process claim no less than against a false arrest claim (B) recognizing an abuse of process claim for an attachment that a jury could find was intended to coerce a factory owner to settle a claim against her on a debt that the claimant knew was incurred by a different party (C) holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict (D) holding the insurer liable for failing to settle the claim when time was of the essence (E) holding that to establish a claim for abuse of process a claimant must demonstrate  an act in the use of the process not proper in the regular prosecution of the proceedings
[EX A]:
(B)