Torres v. East Baton Rouge Parish
Filing 26
ORDER: Considering the June 24, 2013 decision by the United States Supreme Court in University a/Texas Southwestern Medical Center v. Nassar! wherein the Court held that Title VII retaliation claims must be proven according to traditional principl es of but-for causation, not the lessened causation test as set forth in 42 U.S.c. §2000e-2(m): The parties are hereby ordered to brief whether this holding also applies in the context of a 42 U.S.C. § 1983 claim for First Amendment retal iation. The Court recognizes that the Fifth Circuit Pattern Civil Jury Instructions require "a substantial or motivating factor" in this analysis; however, these instructions were issued prior to the Supreme Cou11's decision as set forth above. Briefs shall be filed on or before Wednesday, July 17,2013, and shall not exceed 5 pages. Signed by District Judge Shelly D. Dick on 7/9/2013. (LLH)
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