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.

Q: v. Fortis Benefits Ins. Co., 116 F.Supp.2d 937, 950-51 (M.D.Tenn.2000). As other circuits have recognized, the treating physician rule is a standard that was developed in the Social Security context requiring the administrative law judge to give deference to the opinions of a claimant’s treating physician when determining the claimant’s eligibility for benefits. See, e.g., Regula, 266 F.3d at 1139; see also Peabody Coal Co. v. Groves, 277 F.3d 829, 833-35 (6th Cir.2002) (applying the “treating physician presumption” in a Black Lungs Benefit case holding that an AL J may place greater weight on the opinion of a claimant’s treating physician than those of non-treating physicians). Several circuits have adopted the treating physician rule in an ERISA context. Regula, 266 F.3d at 1139 (<HOLDING>); Donaho v. FMC Corp., 74 F.3d 894, 901 (8th 
 Holding statements: (A) holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa (B) holding that erisa benefits are not property of the estate (C) holding that an erisa plan administrator is not bound by an ssa disability determination when reviewing a claim for benefits (D) holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician (E) holding as a matter of first impression that the treating physician rule is applicable in the context of a disability benefits determination under erisa

A: holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa
****
Q: “is one that society is prepared to recognize as ‘reasonable’ ”. The constitutional legitimacy of an expectation of privacy is not dependent on the subjective intent of the individual asserting the right but on whether the expectation is reasonable in light of all the surrounding circumstances. Additionally, a determination of whether an expectation of privacy is legitimate or reasonable entails a balancing of interests. Id. 620 A.2d at 1118 (Citations omitted). Here, Mr. Cass obviously meant to keep the contents of his locker private from the public. Mr. Cass’ locker was locked, and this fact would indicate that he meant to keep the contents private. Simply because he did not own the locker does not preclude him from having an actual expectation of privacy. See, Bnmdidge supra (<HOLDING>); Commonwealth v. Gordon, 433 Pa.Super. 157, 
 Holding statements: (A) holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest (B) holding that a hotel guest has a legitimate expectation of privacy in his room during the period of time for which the room is rented (C) holding that an overnight guest has a legitimate expectation of privacy in his hosts home (D) holding that defendant had reasonable expectation of privacy in a hotel room rented by relatives when he had a key to the room and permission to use the room at will (E) holding that a visitor to a hotel room for purposes of distributing drugs failed to establish a reasonable expectation of privacy in the room

A: holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest
****
Q: a sovereign or those with whom it deals.” Jefferson County v. Acker, 527 U.S. 423, 436, 119 S.Ct. 2069, 144 L.Ed.2d 408 (1999) (quoting Davis v. Michigan Dep’t of Treasury, 489 U.S. 803, 811, 109 S.Ct. 1500, 103 L.Ed.2d 891 (1989)). Thus, a locality may constitutionally impose a use tax on a private citizen or corporation utilizing or possessing government property in connection with the private citizen’s or corporation’s own commercial activities, regardless of whether those commercial activities arise out of a contractual relationship with the government. See New Mexico, 455 U.S. at 733, 102 S.Ct. 1373; City of Detroit v. Murray Corp., 355 U.S. 489, 493, 78 S.Ct. 458, 2 L.Ed.2d 441 (1958) (“Murray Corp.”); United States v. Township of Muskeg , 462, 97 S.Ct. 699, 50 L.Ed.2d 683 (1977) (<HOLDING>). Each of these cases, although limiting the 
 Holding statements: (A) holding that it is clearly established that retaliation against private citizens for exercising their first amendment rights is actionable (B) holding citizens lacked standing to challenge statute when all citizens affected in the same way (C) holding private citizens have no standing to enforce broader state regulations contained in npdes permits (D) holding constitutional a tax on a private citizens interest in housing on government property received as part of the private citizens compensation (E) recognizing private right of action

A:
holding that it is clearly established that retaliation against private citizens for exercising their first amendment rights is actionable
****