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SIMMS v. OKLAHOMA EX REL. DEPT. OF MENTAL HEALTH

No. 97-6366.

165 F.3d 1321 (1999)

Cedric D. SIMMS, Plaintiff-Appellant, v. The State of OKLAHOMA, ex rel., The DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES, a state agency, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 25, 1999.

Attorney(s) appearing for the Case

Ken Feagins, (Stanley M. Ward, with him on the briefs), Norman, Oklahoma, appearing for Plaintiff-Appellant.

Penny Broughton McCracken, Deputy General Counsel (Craig Sutter, General Counsel, on the answer brief), Department of Mental Health and Substance Abuse Services, Oklahoma City, Oklahoma, appearing for Defendant-Appellee.

Before TACHA, BRISCOE, and MURPHY, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff-Appellant Cedric D. Simms appeals two orders of the district court granting summary judgment in favor of defendant, the Oklahoma Department of Mental Health and Substance Abuse Services ("DMHSAS") on claims of unlawful employment discrimination and retaliation. On appeal, plaintiff argues that: (1) his pre-1995 retaliation claims are not time-barred and (2) the district court erred in granting summary judgment on his failure to promote...

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