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]: of the evidence. Hicks, 509 U.S. at 511, 113 S.Ct. at 2749. In interpreting Hicks, supra, the Second Circuit has stated definitively as follows: [Defendant] misreads the Supreme Court’s statement in Hicks that once a defendant produces evidence of a legitimate, nondiscriminatory reason for his or her action, the plaintiff must then establish that the defendant’s actions were intentionally discriminatory. [Defendant] takes this statement as requiring the plaintiff to adduce additional evidence after the defendant’s production — evidence beyond that presented in the plaintiffs prima facie case. Justice Scalia took pains to preclude such an interpretation of the Court’s decision when he observed that, upon rejection of the defendant’s proffered reasons for its action , 142 (2d Cir.1993) (<HOLDING>), cert. denied, — U.S. -, 114 S.Ct. 1189, 127 
 Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that former employer met its burden of proof that ubc exception applied (C) holding that the burden of proof is on the claimant (D) holding plaintiffs ultimate burden of proof can be met by combining proof submitted in its prima facie case with evidence that defendants proffered reasons for its acts were false (E) recognizing that a plaintiffs burden in establishing a prima facie case is not onerous
[A]: holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence


[Q]: if a defendant’s will has been overborne, we must assess “the conduct of the law enforcement officials in creating pressure and the suspect’s capacity to resist that pressure”; “[t]he defendant’s personal characteristics as well as his prior experience with the criminal justice system are factors to be considered in determining [the defendant’s] susceptibility to police pressures.” Jackson, 562 So.2d at 1380-81 (citations omitted). The evidence does not indicate that McLeod was threatened with physical intimidation or psychological pressure. The evidence does not show that the interrogation lasted for an extraordinary length of time or that he was deprived of either food or sleep for an unexplained and prolonged time. See, e.g., Pardue v. State, 695 So.2d 199 (Ala.Crim.App.1996) (<HOLDING>). Further, the evidence does not show that 
 Holding statements: (A) holding that a confession obtained by interrogating the defendant for approximately 78 hours was involuntary (B) holding involuntary a confession obtained by prison psychologist because the defendant reasonably understood that his communications would remain confidential (C) holding that mental coercion led to an involuntary confession (D) holding that under elstad the first question that must be answered when determining whether a subsequent confession is tainted by an earlier confession is whether the initial confession was obtained in violation of the defendants fifth amendment rights  ie whether it was involuntary  or whether the confession was voluntary but obtained in technical violation of miranda  (E) holding that impermissible police procedures rendered confession involuntary
[A]: holding involuntary a confession obtained by prison psychologist because the defendant reasonably understood that his communications would remain confidential


[Q]: and Plummer brought the present lawsuit asserting various federal and state constitutional claims. In due course, Quinn filed a motion for summary judgment, which the district court granted in part, but denied as to Plummer’s First Amendment claim and with regards to qualified immunity. It is that denial of qualified immunity that we address in this appeal. “Qualified immunity protects officials from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Gilles v. Repicky, 511 F.3d 239, 243 (2d Cir.2007) (quotation marks and citations omitted). This inquiry normally proceeds in two steps. See Pearson v. Callahan, — U.S. —, —, 129 S.Ct. 808, 813, 172 L.Ed.2d 565 (2009) (<HOLDING>). Accordingly, we first decide whether the 
 Holding statements: (A) holding that the sequence of the saucier inquiry is not mandatory (B) holding that recklessness even for fiduciaries is no longer sufficient (C) holding that sauciers twostep sequence is not mandatory (D) holding that twostep sequence is no longer an inflexible requirement (E) holding the lilly analysis is not a sequential twostep process but rather one broad inquiry
[A]:
holding that the sequence of the saucier inquiry is not mandatory