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STEWART v. OKLAHOMA

No. 01-5131.

292 F.3d 1257 (2002)

Charles K. STEWART, Plaintiff-Appellee, v. State of OKLAHOMA, Defendant-Appellant, and James Saffle, in his official capacity as director of the Department of Corrections, Defendant.

United States Court of Appeals, Tenth Circuit.

June 12, 2002.

Attorney(s) appearing for the Case

Thomas L. Bright, Tulsa, OK, for Plaintiff-Appellee.

Charles K. Babb, Assistant Attorney General, Oklahoma City, OK, for Defendant-Appellant.

Before SEYMOUR, McKAY, and MURPHY, Circuit Judges.

McKAY, Circuit Judge.

The State of Oklahoma, as employer, appeals from a denial of its Motion for Summary Judgment in this employment discrimination case.1 Oklahoma asserts that a particular federal regulation, enacted by the Equal Employment Opportunity Commission, and upon which the plaintiff relied to satisfy his administrative exhaustion duties, violates both Title VII of the 1964 Civil Rights Act and the Eleventh Amendment. Because...

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