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FRAZIER v. SIMMONS

Nos. 00-3131 & 00-3148.

254 F.3d 1247 (2001)

Steve E. FRAZIER, Plaintiff-Appellant and Cross-Appellee, v. Charles E. SIMMONS, Secretary of the Department of Corrections, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Submitted on the briefs.

Attorney(s) appearing for the Case

Kirk W. Lowry, Topeka Independent Living Resource Center, Inc., Topeka, Kansas, for Plaintiff-Appellant and Cross-Appellee.

Edward F. Britton, Jr., and Lisa A. Mendoza, Special Assistant Attorneys General, Topeka, Kansas, for Defendant-Appellee and Cross-Appellant.

Before HOLLOWAY, BRORBY, and JONES, Circuit Judges.

BRORBY, Circuit Judge.

Mr. Frazier sued Mr. Simmons, his former employer, in his official capacity as Secretary of the Kansas Department of Corrections, for alleged violations of the Americans with Disabilities Act ("Disabilities Act"), 42 U.S.C. §§ 12101-12213. The district court granted Mr. Simmons' motion for summary judgment. The district court, however, denied Mr. Simmons' motion for dismissal, holding Mr. Simmons was not immune from suit under the...

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