TASK DEFINITION: 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.
PROBLEM: rights by initiating criminal proceedings against Mr. Pitt without probable cause. After trial, the district court granted judgment as a matter of law to the defendants on these claims. The court held that it is not “clearly established” that malicious prosecution is a violation of constitutional rights, and. thus the defendants are entitled to qualified immunity. We affirm. Section 1983 creates a cause of action to remedy certain deprivations of federal rights, but it is not a source of substantive rights. See Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979) (noting that “[section 1983] is not itself a source of substantive rights, but a method for vindicating federal rights elsewhere conferred by those parts of the United State 16 (2d Cir.1995) (<HOLDING>); Gallo v. City of Philadelphia, 161 F.3d 217, 
 Holding statements: (A) holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution (B) holding that the fourth amendment right implicated in a malicious prosecution action is the right to be free of unreasonable seizure of the person (C) holding sbm is not a violation of the defendants fourth amendment right to be free from unreasonable searches and seizures (D) holding that there is no fourteenth amendment substantive due process right to be free from malicious prosecution and suggesting that such a cause of action might lie under the fourth amendment (E) recognizing that an alleged deprivation of the right to be free from prosecution without probable cause might be judged under the fourth amendment

SOLUTION: holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution

PROBLEM: (Tex.2010) (orig. proceeding). Failure to exhaust administrative remedies creates a jurisdictional bar to proceeding with the claim. See City of Waco v. Lopez, 259 S.W.3d 147, 154 (Tex.2008) (“[Njoncompliance [with Chapter 21’s administrative procedures] deprives courts of subject-matter, jurisdiction.”); Smith v. Univ. of Tex. Sw. Med. Ctr. of Dallas, 101 S.W.3d 185, 188 (Tex.App.-Dallas 2003, no pet.). A would-be Chapter 21 claimant must first file an administrative complaint with the civil rights division of the Texas Workforce Commission. See Tex. Lab.Code Ann. § 21.201(a) .(stating that an aggrieved person “may file a complaint with the commission”); id. § 21.0015 (defining “commission” as “the Texas Workforce ■Commission civil rights division”); Schroeder, 813 S.W.2d at 486-88 (<HOLDING>). The complaint must be filed “not later than 
 Holding statements: (A) holding use of word may generally indicates permissive rather than mandatory intent (B) holding that a states use of the word shall is mandatory language (C) holding that exhaustion is mandatory and jurisdictional (D) holding that administrative exhaustion is mandatory despite legislatures use of the word may (E) recognizing that exhaustion is mandatory and jurisdictional

SOLUTION: holding use of word may generally indicates permissive rather than mandatory intent

PROBLEM: Moreover, the lawful exercise of the Government’s tax collection powers does not amount to a taking. See U.S. Shoe Corp. v. United States, 296 F.3d 1378, 1383 (Fed.Cir.2002) (the ruling that imposition of the federal income tax does not constitute a taking under the Fifth Amendment); see also Branch ex rel. Me. Nat’l Bank v. United States, 69 F.3d 1571, 1576-77 (Fed.Cir.1995) (“enforcement action [of the constitutional tax assessment], including seizure of the property, could not be challenged as a taking”); see also First Atlas Corp. v. United States, 23 Cl.Ct. 137, 141 (1991), aff'd per curiam, 954 F.2d 733 (Fed.Cir.1992) (concluding that the filing of a notice of a hen, standing alone, does not constitute a taking); Castillo Morales v. United States, 19 Cl.Ct. 342, 345 (1990) (<HOLDING>). In this ease, the Complaint alleges that the 
 Holding statements: (A) holding that a subsequent action was not barred because the initial court did not have jurisdiction over the claim (B) holding that irs may not levy against bank account of delinquent taxpayer held in tenancy by the entirety where taxpayer did not have unilateral right to withdraw funds (C) holding that the court of claims did have jurisdiction over plaintiffs statutory claim for back pay including arguments based on the first amendment (D) holding that the court does not have jurisdiction over takings claims because where  a taxpayer disputes an irs levy on its property the appropriate course of action is a direct challenge of the levy not the prosecution of a fifth amendment claim (E) holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal

SOLUTION:
holding that a subsequent action was not barred because the initial court did not have jurisdiction over the claim