With no explanation, chose the best option from "A", "B", "C" or "D". 1219. 3 . Notably, qualified immunity and fair warning derive from two entirely separate sources. The fair warning requirement, which springs from the Due Process Clause, protects a defendant from criminal liability. See Harriss, 347 U.S. at 617, 74 S.Ct. 808. Qualified immunity, on the other hand, is a common-law "immunity from suit rather than a mere defense to liability,” Mitchell, 472 U.S. at 526, 105 S.Ct. 2806, which public officials typically invoke as a defense to 42 U.S.C. § 1983 claims. See, e.g., Pierson v. Ray, 386 U.S. 547, 554, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967) (applying qualified immunity to a police officer after noting that Congress never meant to abolish common-law immunities). 4 . Kastigarv. United States, 406 U.S. 441, 460-62, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972) (<HOLDING>). 5 . To justify dismissing an action for

A: holding that a defendant need only show that he testified under a grant of immunity in order to shift to the government the heavy burden of proving that all evidence it proposes to use was derived from legitimate independent sources
B: holding that the government must satisfy its burden of proving contract damages
C: holding that the burden of proving that the employee did not make reasonable efforts is on the defendant
D: holding that the government bears the burden of proving voluntary consent under the totality of the circumstances
A.