With no explanation, chose the best option from "A", "B", "C" or "D". Costs The Court has also expressed concerns about imposing asymmetric liability costs on privately operated facilities as compared to government-operated facilities. Malesko, 534 U.S. at 72, 122 S.Ct. 515. We are equally concerned about issuing a decision that will yield disparate rights and remedies among inmates in private and public prisons. Unfortunately, under the current Bivens regime, asymmetries may remain irrespective of whether we recognize or deny a Bivens cause of action here. Unlike officers employed by public prisons, the GEO employees may not be entitled to qualified immunity, and as a result, prisoners asserting claims against them may be able to recover more often than their counterparts in governmentally run prisons. Compare Richardson, 521 U.S. at 401, 117 S.Ct. 2100 (<HOLDING>), with Butz v. Economou, 438 U.S. 478, 501, 98

A: holding that employees of privately operated state prisons are not entitled to qualified immunity
B: holding officials are entitled to qualified immunity for reasonable mistakes of law
C: holding that defendants are not entitled to qualified immunity
D: holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted
A.