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.

Ex 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

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

Ex Input:
challenge to the amount of refund awarded by DOE to a third-party claimant even though they failed to intervene while DOE was deciding the third-party claimant's award"). Persistent, the defendant analogizes the instant APA claim with that denied in Brooks v. Snow, 313 F.Supp.2d 654 (S.D.Tex.2004). There, the plaintiffs sought a declaration from the court that Treasury Regulation 26 C.F.R. 301.722-1 (listing the grounds authorizing the IRS to settle a tax case) was inconsistent with congressional intent, because the regulation omitted delays caused by the IRS in determining tax liability. Id. at 658-59. The court dismissed their complaint, explaining that they had not "allege[d] they ever submitted any offers-in-compromise and, therefore, they have not upp. 239, 255 (Ct.Cl. 1947) (<HOLDING>). Second, and most crucially, this plaintiff
Holding statements: (A) holding that a refund may include additional taxes paid after the filing of a refund claim so long as the total does not exceed the portion of tax paid prior to the administrative claim (B) holding under section 7422a that the district court lacked jurisdiction over a taxpayers refund claim because the taxpayer failed to file a refund claim before the statute of limitations had run (C) holding that because the amount of the debtors obligation to the government exceeded the amount of their income tax refund the refund did not become property of the estate and could not be exempted (D) holding that a taxpayer only has a refund right after the irs has credited the refund to other underpaid taxes therefore the refund was not part of the bankruptcy estate (E) holding that a subsequent refund request on reassessed taxes was unnecessary as the government already had notice of the plaintiffs claim

Ex Output:
holding that a refund may include additional taxes paid after the filing of a refund claim so long as the total does not exceed the portion of tax paid prior to the administrative claim

Ex Input:
immunity and sent the plaintiff to pursue her claim in tribal court. See 436 U.S. at 58-59, 98 S.Ct. 1670; see also Nero v. Cherokee Nation, 892 F.2d 1457, 1461 (10th Cir.1989) (noting the Santa Clara Pueblo distinction between a substantive constraint and an abrogation of sovereign immunity). Absent explicit and unequivocal language to the contrary, the imposition of substantive constraints upon a tribe's sovereignty cannot be interpreted as an abrogation of its sovereign immunity. We must determine for ourselves whether anything in the Thirteenth Amendment or the 1866 Treaty worked an abrogation of the Cherokee Nation's sovereign immunity. Again, we will only acknowledge such an abrogation if the text is express and unequivocal. See Santa Clara Pueblo, 436 U.S. at 59, 98 S.Ct. 1670 (<HOLDING>); Fla. Paraplegic, Ass'n v. Miccosukee Tribe,
Holding statements: (A) holding that federal courts lacked jurisdiction to determine whether a tribes membership requirements violated icra and noting that a tribes right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community (B) holding the icra not to abrogate tribal sovereign immunity because nothing on the face of title i of the icra purports to subject tribes to the jurisdiction of the federal courts in civil actions for injunctive or declaratory relief (C) holding the copyright act not to abrogate tribal sovereign immunity where nothing on the statutes face could be so construed (D) holding the americans with disabilities act not to abrogate tribal sovereign immunity and declaring congress abrogates tribal immunity only where the definitive language of the statute itself states an intent either to abolish indian tribes common law immunity or to subject tribes to suit under the act (E) holding that removal to federal court does not waive tribal sovereign immunity

Ex Output:
holding that federal courts lacked jurisdiction to determine whether a tribes membership requirements violated icra and noting that a tribes right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community