Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse Services
Court of Appeals for the Tenth Circuit
1Opinion of the Court
TACHA, Circuit Judge.
Plaintiff-Appellant Cedric D. Simms appeals two orders of the district court granting summary judgment in favor of defendant, the Oklahoma Department of Mental Health and Substance Abuse Services (“DMHSAS”) on claims of unlawful employment discrimination and retaliation. On appeal, plaintiff argues that: (1) his pre-1995 retaliation claims are not time-barred and (2) the district court erred in granting summary judgment on his failure to promote claim because he presented sufficient evidence of pretext, creating a genuine dispute as to an issue of material fact. We…
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