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.

see State v. Sosa, 1997-NMSC-032, ¶ 9, 123 N.M. 564, 943 P.2d 1017. {34} Defendant argues that two provisions in the current Delinquency Act suggest the Legislature’s intent to apply the beyond a reasonable doubt standard to the Section 32A-2-20 findings. These two provisions, Section 32A-2-24(B) (requiring proof beyond a reasonable doubt in probation revocation hearings), and Section 32A-2-16(E) (requiring proof beyond a reasonable doubt in a delinquency proceeding), are readily distinguishable from the amenability determination under Section 32A-2-20(B). First, the requirement of proof beyond a reasonable doubt in a delinquency proceeding is constitutionally mandated. See In re Winship, 397 U.S. at 364, 90 S.Ct. 1068. Second, a probation revocation hearing, l 7, 1140-41 (Ct.App.1978) (<HOLDING>); State v. Doe, 100 N.M. 649, 651, 674 P.2d 
 Holding statements: (A) holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) holding right to testify was federal constitutional right (D) holding that treatment as a child is not a constitutional right but a right granted by the legislature and statute met basic due process requirements (E) holding basic elements of due process are notice and a right to be heard
holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel

County Reg’l Planning Comm’n v. Hamilton Ban zure beyond its lawful duration, such theft violates the Fourth Amendment. See Nelson v. Streeter, 16 F.3d 145, 151 (7th Cir.1994). The remaining question is whether Colaprete’s Fourth Amendment right against having his property converted following a search was clearly established when the alleged conversion occurred. The Seventh Circuit has held that the existence of this right is “[s]o obvious ... that we do not think the absence of case law can establish a defense of immunity.” Id. We respectfully disagree. This court has never applied the Fourth Amendment in this manner, and Supreme Court precedent tilts slightly against the existence of any constitutional right against theft during the course of a search. See Hudson, 468 U.S. at 533(<HOLDING>). Moreover, the Sixth Circuit has held that the 
 Holding statements: (A) holding postdeprivation remedy is adequate even when deprivation was intentional (B) holding that doctrine does not violate due process (C) holding that theft by prison guards does not violate due process when postdeprivation remedy exists (D) holding that deprivation of property does not violate due process if a meaningful postdeprivation remedy is available and explaining that state tort actions are meaningful postdeprivation remedies (E) holding that a prison guards intentional destruction of a prisoners possessions did not give rise to a federal due process claim because state law provided an adequate postdeprivation tort remedy
holding postdeprivation remedy is adequate even when deprivation was intentional

fall within the scope of ERISA, but then be excluded from ERISA coverage because it is a governmental plan.”). Likewise, in Lovelace, this Court held that a health insurance plan established by the Wilmington City Public School System qualified as an employee welfare benefit plan under ERISA but nevertheless fell within ERISA’s governmental plan exclusion. Lovelace, 775 F.Supp. at 229-30 (“ERISA regulates employee benefit plans, such as the plan at issue — [bu cv-519, 2013 WL 4832066, at *3 (S.D.Ohio Sept. 10, 2013) (“Since [plaintiff] is an employee of the State of Ohio and her insurance plan was established and maintained by the State of Ohio, ERISA is not applicable.”); Robert v. Bd. of Cnty. Comm’rs of Brown Cnty., Kan., No. 08-2150-EFM, 2011 WL 836729, at *9 (D.Kan. Mar. 3, 2011) (<HOLDING>); Kirkpatrick v. Merit Behavioral Care Corp., 
 Holding statements: (A) holding that healthcare plan established by the state of vermont for eligible employees qualified for governmental plan exclusion (B) holding that disability plan established by state university for benefit of employees qualified for governmental plan exclusion (C) holding that a payment is under the plan when the debt is provided for in the plan (D) holding that county governments healthcare plan qualified for governmental plan exclusion (E) holding that employee benefit plan sponsored by two participating employers  cook county and the cook county forest preserve district  qualified for governmental plan exclusion

holding that healthcare plan established by the state of vermont for eligible employees qualified for governmental plan exclusion