Eighth Circuit: Mahn v. Jefferson County

In First Amendment retaliation case, once the plaintiff produces substantive proof from which the finder of fact can infer that the protected conduct was a motivating factor, the full burden of proof to establish a nondiscriminatory motive for the action passes to the deft.

At summary judgment, this nondiscriminatory explanation must be indisputable.

Reinstatement is an equitable remedy permitted against a state official under Ex Parte Young.

Allegations against second official and municipality too speculative to present issue for trial.

http://media.ca8.uscourts.gov/opndir/18/06/161731P.pdf