Read the following excerpt from a US court opinion:
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and upheld the Commission’s regulations. Id. at 1143. We observe that before 1989, courts that reviewed programs designed to test police officers for drug use differed about whether the officers fell within the highly regulated industry exception. Compare Policemen’s Benevolent Ass’n of New Jersey, Local 318 v. Township of Washington, 850 F.2d. 133, 136-41 (3d Cir.1988) (“PBA Local 318”) (finding that police are members of highly-regulated industry and upholding suspicionless drug testing of police officers), cert. denied, 490 U.S. 1004, 109 S.Ct. 1637, 104 L. Ed.2d 153 (1989) with Capua v. City of Plainfield, 643 F.Supp. 1507, 1518-19 (D.N.J.1986) (finding that fire fighters are not members of pervasively regulated industry), and FOP, supra, 216 N.J.Super. at 469, 524 A.2d 430. . This divergence in views depended on the
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing serious harm results when members of the legal profession engage in criminal acts which give rise to a lack of confidence by members of the public in those who are officers of the court
B. holding that police officers are not members of highly regulated industry
C. holding that even if the plaintiff had asserted a cause of action under the virginia wrongful death act against the city police officers the police officers would be entitled to sovereign immunity
D. holding that extensively regulated public utilities are not state actors
E. holding that police officers sued in their official capacity are not liable for a violation of a privacy interest where the police department did not have a policy of deliberately failing to train its officers with respect to the confidentiality of records
Reply with [A, B, C, D, E] only.