With no explanation, chose the best option from "A", "B", "C" or "D". African Americans were grossly underrepresented in either the grand or petit juries. Men. Finally, the Defendant alleges absolute disparities for men of 4.6 percent and 5.1 percent, and comparative disparities of 9.5 percent and 10.5 percent, for the grand and petit jury respectively. For the same reasons given above, and assuming that men constitute a distinct group, these numbers are insufficient to make out a prima facie case of a Sixth Amendment violation. 3. Is Under-Representation Due to Systematic Exclusion of Group? Because the Defendant has failed to make the requisite statistical showing for any of the allegedly underrepresented groups, the Defendant’s Sixth Amendment claim fails and the Court need not address the third prong of the Duren test. See Shinault, 147 F.3d at 1273 (<HOLDING>). But see Haworth, 948 F.Supp. at 986 (stating

A: holding that the defendant failed to make out a prima facie test when he could not satisfy the statistical showing required by the second duren element and declining to analyze the third element
B: holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position
C: holding that a plaintiff who could not demonstrate every element of the mcdonnell douglas test could nonetheless demonstrate a prima facie case
D: holding that second element of qualified immunity test is whether the law violated was clearly established
A.