Read the following excerpt from a US court opinion:
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from the scene.” Id. “As Plaintiff drove away, [Sgt. Sloan] jumped onto Plaintiff's car and fell off the vehicle as Plaintiff ultimately left the scene.” Id. Plaintiff attributed defendants’ actions on February 13, 2004 to "retaliation for the earlier incident in which Plaintiff drove away from his home, causing Defendant Sloan to fall off of Plaintiff’s vehicle.’’ Id. ¶ 21 (emphasis in original). 2 . Because plaintiff's common law claims are dismissed as untimely, the Court need not determine whether plaintiff complied with the mandatory notice requirements of D.C.Code § 12-309. Plaintiff's compliance or lack thereof has no impact on his constitutional claims. Brown v. United States, 742 F.2d 1498, 1510 (D.C.Cir.1984), cert. denied, 471 U.S. 1073, 105 S.Ct. 2153, 85 L.Ed.2d 509 (1985)
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What is the most suitable continuation to the opinion? Your options are:
A. holding that plaintiffs noncompliance with dccode  12309 cannot bar federal claims
B. holding that a procedural rule that is not firmly established and regularly followed cannot bar federal court review
C. holding that federal evidentiary standard for impeachment by prior conviction should apply to dccode offenders tried in federal court
D. holding that the plaintiffs state law claims are preempted by federal law
E. holding that  1997ee did not bar plaintiffs first amendment claims
Reply with [A, B, C, D, E] only.