Read the following excerpt from a US court opinion:
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the Hughes Unit {e.g., the potentially small number of Native American religious adherents). That issues of fact remain as to the neutrality of the application of TDCJ’s volunteer policy differentiates this case from those we have previously considered. Requiring neutrality ensures that the prison’s application of its policy is actually based on the justifications it purports, and not something more nefarious. Were we to ignore Turner’s neutrality requirement, we would allow prison regulators to justify a policy based on a legitimate interest applicable to the overall prison population, while applying the policy in an arbitrary or discriminatory manner in violation of a particular subgroup’s First Amendment rights. Cf. Church of the Lukumi Babalu Aye, Inc. v. Cit 69 (7th Cir.2008) ; Dingle v. Zon, 189 Fed.Appx. 8, 10 (2d.
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What is the most suitable continuation to the opinion? Your options are:
A. holding that issue of material fact as to neutrality in application of prison regulation required reversal of district courts grant of summary judgment
B. holding that summary judgment was appropriate because no genuine issue of material fact existed and no expert testimony was required to explain the nature of the patented invention but observing that district courts should approach summary judgment motions in patent cases with great care
C. holding that a grant of summary judgment in favor of one party creates a final judgment allowing appellate review of denial of opposing partys summary judgment motion
D. holding that there was a genuine issue of material fact precluding summary judgment
E. holding that there were genuine issues of material fact and reversing the district courts grant of summary judgment because in part the everchanging nature of the proffered reasons given for plaintiffs termination could be viewed as evidence tending to show pretext  
Reply with [A, B, C, D, E] only.