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]: but rather affords a bright-line, legal presumption of coercion, requiring suppression of all unwarned statements.” Oregon v. Elstad, 470 U.S. 298, 306 n. 1, 105 S.Ct. 1285, 1292 n. 1, 84 L.Ed.2d 222, 23 2 L.Ed.2d 975 (1958) (same). Essentially, the Court determined that the prejudicial quality of testimony regarding an actually coerced confession is, like all other improperly introduced testimony at trial, capable of review. At this point in time, the Fulminante decision stands as the sole, albeit the dispositive, case on this point. In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion. See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (<HOLDING>); Berkemer v. McCarty, 468 U.S. 420, 443, 104 
 Holding statements: (A) holding that waiver of miranda rights was valid where  finding  that the defendant initiated the conversation  was  implicit in the district judges denial of the suppression motion  (B) holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt (C) holding that booker constitutional error was harmless beyond a reasonable doubt because on remand the district court would have given defendant the same sentence (D) holding that although defendant was a deputy sheriff miranda warnings were required irrespective of defendants knowledge of his fifth amendment rights (E) holding that although miranda required the suppression of testimonial statements made before defendant was advised of his constitutional rights the state court is free of course to consider this harmless error question upon remand
[A]: holding that waiver of miranda rights was valid where  finding  that the defendant initiated the conversation  was  implicit in the district judges denial of the suppression motion 


[Q]: commencing an action will be assumed to have waived its right to arbitration when its use of the judicial process is clearly inconsistent with seeking arbitration at a later date.” Id. (internal quotation marks and citation omitted). Applying this law, Judge Weinstein' concluded that choosing to file a claim in court rather than arbitrate constitutes a waiver of the right to arbitrate. Id. (citing Digitronics Inventioneering Corp. v. Jameson, 52 A.D.3d 1099, 860 N.Y.S.2d 303 (3d Dep’t 2008)). I agree with Judge Weinstein’s well-reasoned decision that, if New York law applies, the decision to litigate disputes over unpaid claims in state court precludes Defendants from now seeking to compel arbitration with respect to those same claims. But see Grand Med. Supply, 2012 WL 2577577, at *2 (<HOLDING>). Moreover, I would reach the same result even 
 Holding statements: (A) holding that mandatory arbitration agreements in the employment context fall under the faa (B) holding that the framework for determining any disputed issues concerning arbitration must be determined in the context of the faa (C) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed
[A]: holding that mandatory arbitration agreements in the employment context fall under the faa


[Q]: did not suffer any physical injury and that she did not recall being hit by Taylor. We do not sustain the ALJ’s legal conclusion that Taylor engaged in physical abuse of a patient as defined by Administrative Order 4:08-C.3. On this record, we are satisfied that Taylor’s conduct constituted “inappropriate physical contact” within the meaning of Administrative Order 4:08-C.5 and that removal would be an excessive sanction. Accord Harcum v. New Lisbon Dev. Ctr., 96 N.J.A.R.2d (CSV) 324, 1996 WL 433210 (1996) (reducing physical abuse charge to charge of inappropriate physical contact because employee did not act with malice and patient was not injured); Lyew v. Morris View Nursing Home, 93 N.J.A.R.2d (CSV) 673, 1993 WL 470770, aff'd, 94 N.J.A.R.2d (CSV) 718, 1994 WL 757555 (App.Div.1994) (<HOLDING>). IV We acknowledge the responsibility of DHS 
 Holding statements: (A) holding that sanction of removal for nursing home attendant who was found to have hit patient suffering from dementia should be reduced to penalty of sixmonth suspension because act of hitting patient was isolated instance in which patient was aggressor (B) holding that a psychiatrist had no duty to detain a patient who killed himself and injured his wife because the patient was outside of the scope of the facilitys range of observation and control even when the psychiatrist agreed to treat the patient the patient had suicidal tendencies and the psychologist took the patient into custody but then later permitted him to leave (C) holding that no rehabilitation act violation occurred when nursing home discharged patient with behavioral problems because no reasonable accommodation existed (D) holding that defendant medical center which allowed a patient who would likely cause bodily harm to his wife if he had the opportunity to leave the center for a weekend could be liable for the patients actions of killing his wife and her paramour during that weekend because inter alia when the course of treatment of a mental patient involves an exercise of control over him by a physician who knows or should know that the patient is likely to cause bodily harm to others an independent duty arises from that relationship and falls upon the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient punctuation omitted emphasis supplied (E) holding issue of vicarious liability was for jury where patient did not have opportunity to choose physician who was provided by hospital
[A]:
holding that a psychiatrist had no duty to detain a patient who killed himself and injured his wife because the patient was outside of the scope of the facilitys range of observation and control even when the psychiatrist agreed to treat the patient the patient had suicidal tendencies and the psychologist took the patient into custody but then later permitted him to leave