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LORS v. DEAN

No. 12-2955.

726 F.3d 1036 (2013)

Tim LORS, acting in his own capacity, Plaintiff-Appellant, v. Jim DEAN, acting in his official capacity; Deb Dufour, acting in her official and individual capacities; Kim Stahl, acting in her official and individual capacities; Otto Doll, acting in his official and individual capacities; Bureau of Telecommunications, The State of South Dakota; Attorney General: Marty Jackley; Governor: Michael Rounds, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2013.

Attorney(s) appearing for the Case

Stephanie E. Pochop , argued, Gregory, SD, for appellant.

Douglas Arthur Abraham , argued, Timothy M. Engel , on the brief, Pierre, SD, for appellee.

Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Tim Lors sued his employer, the South Dakota Bureau of Information and Technology (BIT), and various state employees (collectively, "defendants"), alleging retaliation in response to a prior discrimination suit that he filed against the same defendants. Lors's complaint asserted jurisdiction under various federal statutes, including Titles I and V of the Americans With Disabilities Act of 1990(ADA). The district court1

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