United States Ninth Circuit

The Mt. Healthy mixed-motive analysis applies to First Amendment claims, regardless of whether plaintiff uses direct or circumstantial evidence to prove there was a retaliatory motive behind the adverse employment action, and evidence that plaintiff was subject to "lock-outs," investigated, and passed over for promotions supported judgment in favor of plaintiff.

Appellate Information

• Argued 05/14/2001
• Decided 03/13/2002
• Published 03/13/2002

Judges

• Before:  B. FLETCHER, CANBY and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Gary Hynds, Deputy Attorney General, Honolulu, HI, for the defendants-appellants., Michael K. Livingston, Davis, Levin, Livingston, Grande, Honolulu, HI, for the plaintiff-appellee.