Read the following excerpt from a US court opinion:
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of, Mr. Voss provided to Mr. Spartin was marked with AUSA Valder’s handwritten notation "GJX#4.” Mr.- Spartin testified at the criminal trial that he did’not notice the mark nor was he was unaware that the statements provided to him had been presented to the grand jury. See Crim. Trial Tr. at 2610-13, 2737-38, 2754. 63 . Even Mr. Spartin concluded, based on his review of the four interview sümmaries, that - “I’m not á lawyer but Jesus, there’s enough there to seem to me to hang REI from the yardarm.” PL’s Ex. 226 at 28 (Spartin Polygraph Tr.). 64 . Lack of probable cause is an element of the both the plaintiff's Bivens claim for retaliatory inducement to prosecution and FTCA claim for malicious prosecution. See Hartman v. Moore, 547 U.S. 250, 261, 126 S.Ct. 1695, 164 L.Ed.2d 441 (2006) ; Moore-II, 213 F.3d at 709-10 (listing as an
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What is the most suitable continuation to the opinion? Your options are:
A. holding that a plaintiff in a retaliatory prosecution action must plead and prove the absence of probable cause for pressing the underlying criminal charge
B. recognizing tennessee law requires the absence of probable cause to maintain a malicious prosecution claim
C. holding that direct evidence linking a crime to the particular place to be searched is not required to support a finding of probable cause
D. holding that plaintiff was required to plead and prove the absence of probable cause to support his bivens claim
E. holding that the plaintiff must show that there was a lack of probable cause for the criminal prosecution
Reply with [A, B, C, D, E] only.