Causation

Question 1

Causation

Answer 1

Requires cause-in-fact, proximate cause

Question 2

Cause-in-fact

Answer 2

(1) But for, (2) substantial factor, (3) “Moving Force”- Monell, (4) “mixed motive” - Mt. Healthy

Question 3

Mt. Healthy test

Answer 3

Mixed motive cases

1. Plaintiff must show that adverse action motivated “in substantial part” by constitutionally impermissible factors
   (2) Defendant burden shift, must prove that the same action would’ve been taken even without that constitutionally impermissible motive