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.

Input: Consider Input: 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

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


Input: Consider Input: method (under § 3663) in favor of an incorrect method (under § 1593), the district court erred. Moreover, we hold that the district court’s error was “plain,” because the statutes are clear and because the government openly admitted that its proposed methodology derived from the wrong restitution statute. See United States v. Tuyet Thi-Bach Nguyen, 565 F.3d 668, 677 (9th Cir.2009) (“An error is plain when it is ‘clear’ or ‘obvious’ under the law.”). Finally, we hold that the error affected Defendants’ substantial rights and affected the fairness, integrity, or public reputation of the judicial proceedings. The government did not present evidence — and the district court did not make findings — of the victims’ actual losses, as required by § 3663. See Bussell, 504 F.3d at 964 (<HOLDING>); United States v. Joyner, 201 F.3d 61, 81 (2d 
 Holding statements: (A) holding that restitution is proper under  2259 only to the extent the defendants offense proximately caused a victims losses (B) holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted (C) holding that under the restitution provision of the supervised release statute 18 usc  3583 restitution can be ordered only for losses caused by the specific conduct that is the basis for the offense of conviction (D) holding that the amount of restitution is limited to the victims actual losses  (E) holding that restitution in the full amount of each victims losses does not exceed the statutory maximum

Output: holding that restitution is proper under  2259 only to the extent the defendants offense proximately caused a victims losses


Input: Consider Input: Petitioner cannot demonstrate that the prosecutor’s comments “so infected the trial with unfairness as to make the resulting conviction a denial of due process.” Darden, 477 U.S. at 181, 106 S.Ct. 2464 (internal citations and quotations omitted). The prosecutor’s statement did not improperly shift the burden of proof onto the defense; rather, the prosecutor was commenting on the state of the evidence. More specifically, the prosecutor was commenting on the weakness of the defense theory of the case that another assailant had been present at the crime. Neither are improper. See, e.g. United States v. Cabrera, 201 F.3d 1243, 1250 (9th Cir.2000); United States v. Robinson, 485 U.S. 25, 26-34, 108 S.Ct. 864, 99 L.Ed.2d 23 (1988); Bashor v. Risley, 730 F.2d 1228, 1240 (9th Cir.1984) (<HOLDING>). In addition, even if the prosecutor had 
 Holding statements: (A) holding a prosecutor may not comment on a defendants silence (B) holding that a prosecutor may comment on the absence of evidence so long as there is sufficient evidence to support the prosecutors version of events (C) holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence (D) holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify (E) holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense


Output: holding a prosecutor may not comment on a defendants silence