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.

Input: Consider Input: who are undeniably state actors, colluded with her in her actions. When all intendments are taken in the Plaintiffs’ favor, therefore, their allegations indicate both that Malac infringed their substantive due process rights and that she can be considered a state actor. Accordingly, Malac’s motion to dismiss is denied. III. CONCLUSION For the foregoing reasons, Defendant Barbara Malac’s motion to dismiss [Docket No. 47] is DENIED. The motion of Defendant Agent Cynthia Preston and Defendant Agent Nancy Gingras [Docket No. 50] to dismiss is DENIED with respect to Agent Preston, but GRANTED with respect to Agent Gingras. SO ORDERED. 1 . For the propriety of citing this unpublished Second Circuit opinion, see Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (Arnold, J.) (<HOLDING>), vacated as moot, 235 F.3d 1054 (8th Cir.2000) 
 Holding statements: (A) holding that unpublished opinions are of persuasive value at best and not precedential (B) holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits (C) holding that even district court cases decided by panels of three have no precedential value (D) holding that unpublished opinions have precedential effect (E) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted

Output: (D)


Input: Consider Input: for ‘non-generic burglary’ does not.” United States v. Rainer, 616 F.3d 1212, 1213 (11th Cir.2010). A “generic” burglary is “any crime, regardless of its exact definition or label, having the basic elements of unlawful or unprivileged entry into, or remaining in, a building or structure, with intent to commit a crime.” Taylor v. United States, 495 U.S. 575, 599, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). A “non-generic” burglary is one that “do[es] not include all of the elements essential to generic burglaries,” including burglaries of boats, automobiles, and other non-buildings. Rainer, 616 F.3d at 1214. The government has a legitimate interest in “prevent[ing] repeat offenders from continuing to victimize society.” See United States v. Johns, 984 F.2d 1162, 1164 (11th Cir.1993) (<HOLDING>). The Supreme Court in Taylor determined that 
 Holding statements: (A) holding substantive due process not violated when licensing decisions are based on scheme rationally related to a governmental interest (B) holding that the particular method is not rationally related to legitimate government interest if it is clearly arbitrary and unreasonable (C) holding transfer rule did not violate federal equal protection as rule was uniformly applied not arbitrary and rationally related to legitimate government interest (D) recognizing due process concerns inherent in sentencing based on false criminal history (E) holding that sentencing criminals in part based on criminal history is rationally related to a legitimate government interest

Output: (E)


Input: Consider Input: contrast to Paulsen, plaintiffs here seek the direct payment of benefits that they claim they are owed under the plans, and that defendants allegedly have in their possession. Consequently, their claims for tortious interference with contract and inducing breach of contract seek to "duplicate, supplement, or supplant" the remedies provided by ERISA. See Dishman v. UNUM Life Ins. Co. of America, 269 F.3d 974, 983 (9th Cir.2001) ("Claimants simply cannot obtain relief by dressing up an ERISA benefits claim in the garb of a state law tort"). Consequently, all of plaintiffs’ state law causes of action are preempted to the extent they seek to recover compensation owed under the top hat plans. See Rush Prudential HMO, Inc. v. Moran, 536 U.S. 355, 375, 122 S.Ct. 2151, 153 L.Ed.2d 375 (2002) (<HOLDING>). D. Whether Plaintiff’s Complaint States a 
 Holding statements: (A) holding that erisas preemption of state contract claims in a benefitsdue action is an affirmative defense subject to waiver (B) recognizing that a court must balance the policy in favor of hearing a litigants claims on the merits with the policy in favor of finality (C) holding that erisa preemption is an affirmative defense where erisas preemptive effect would result only in a change of the applicable law and would not subject the claim to exclusive federal jurisdiction (D) recognizing that federal preemption is affirmative defense as to which defendant has burden of proof (E) recognizing that erisas preemption regime is driven by the overpowering federal policy in favor of federal regulation


Output: (E)