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SIMINGTON v. PARKER

No. 107,454. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

250 P.3d 351 (2011)

2011 OK CIV APP 28

Kenneth L. SIMINGTON, Plaintiff/Appellant, v. Linda PARKER, in her personal and official capacity, and the State of Oklahoma ex rel. Oklahoma Department of Rehabilitation Services, Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 1.

January 28, 2011.

Attorney(s) appearing for the Case

Daniel J. Gamino , Daniel J. Gamino & Associates, P.C., Oklahoma City, OK, for Plaintiff/Appellant.

Martha L. Kulmacz , Assistant Attorney General, Oklahoma Attorney General, Oklahoma City, OK, for Defendants/Appellees.

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

¶ 1 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 Simington's petition to state a claim upon which relief can be granted pursuant to 12 O.S.2001 § 2012(B)(6). Based on the following reasons, we affirm the order as to DRS and Parker, in her official capacity...

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