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COOK v. STATE OF OREGON

01 CV 0193; A117618.

104 P.3d 1153 (2005)

197 Or. App. 125

Scott COOK, Appellant, v. STATE of Oregon, Barry Lambert, and Gregg Dal Ponte, Respondents, and Bruce Warner and Steve Gallier, Defendants.

Court of Appeals of Oregon.

Decided January 19, 2005.

Attorney(s) appearing for the Case

Roger Gould, Coos Bay, argued the cause for appellant. With him on the reply brief was Adam Gould and Roger Gould, P.C.

Erika L. Hadlock, Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Janet A. Metcalf, Assistant Attorney General.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

ORTEGA, J.

Plaintiff appeals from a judgment dismissing his claims for alleged violations of his federal constitutional rights to due process and equal protection and his rights under the federal Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA), as well as a federal retaliation claim and a state tort claim for intentional infliction of emotional distress (IIED). At oral argument, plaintiff's counsel conceded, and we agree, that...

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