Legal Opinion

Simington v. Parker

Court of Civil Appeals of Oklahoma

Decided January 28, 2011No. 107,454. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1PublishedCited by 5 opinions

1Opinion of the Court

WM. C. HETHERINGTON, JR., Presiding Judge.

11 Plaintiff Kenneth Simington appeals a trial court order granting the motion to dismiss filed by "Defendants Linda Parker and the Oklahoma Department of Rehabilitative Services (DRS)" based on the failure of Sim-ington's petition to state a claim upon which relief can be granted pursuant to 12 0.8.2001 § 2012(B)(6). Based on the following reasons, we affirm the order as to DRS and Parker, in her official capacity, but reverse as to Parker, in her individual capacity.

PROCEDURAL HISTORY

1 2 On September 22, 2008, Simington filed a petition in Oklahoma…

2Cases cited21 opinions

  1. Burk v. K-Mart Corp.Supreme Court of Oklahoma · 1989
  2. Fanning v. BrownSupreme Court of Oklahoma · 2004
  3. Tuffy's, Inc. v. City of Oklahoma CitySupreme Court of Oklahoma · 2009
  4. Indiana National Bank v. State Department of Human ServicesSupreme Court of Oklahoma · 1994
  5. Wright v. Grove Sun Newspaper Co., Inc.Supreme Court of Oklahoma · 1994

16 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. LADRA v. NEW DOMINION, LLCSupreme Court of Oklahoma · 2015
  2. Bright v. University of Oklahoma Board of RegentsCourt of Appeals for the Tenth Circuit · 2017
  3. Carter v. DavisDistrict Court, N.D. Oklahoma · 2019
  4. LADRA v. NEW DOMINION, LLCSupreme Court of Oklahoma · 2015
  5. Thompson v. Housing Authority of the Cherokee Nation of OklahomaDistrict Court, E.D. Oklahoma · 2023

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