Case Citator › Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse Services

Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse Services

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Tenth Circuit
Citation
165 F.3d 1321
Decided
Confirmed treatments
1
Flagged citations read
40 of 40
Citing cases (total)
40
Treatment dates
2014
Abrogated
A reviewed court treats this case as abrogated by later authority. Simms v. Oklahoma has been abrogated in part. National Railroad Passenger Corp. v. Morgan rejected the continuing-violation approach, and the Tenth Circuit recognized in Martinez v. Potter that Morgan effectively overruled Simms's suggested exception for related retaliation claims.
More on how this was screened

Simms's separate holding on employment pretext continues to be cited. All 40 flagged citations have been read, and the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

40 later cases cite Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse Services; 40 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse Services?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Tenth Circuit held that Morgan had abrogated Simms's suggested exception for related retaliation claims and required a new or amended EEOC charge for later incidents.

    Eisenhour v. Weber County · Tenth Circuit · filed

    The Plaintiff relies on two of our decisions issued prior to 2003: Simms v. Oklahoma ex rel. Department of Mental Health, 165 F.3d 1321, 1326 (10th Cir.1999), and Seymore v. Shawyer & Sons, Inc., 111 F.3d 794, 799 (10th Cir.1997). These decisions did suggest that exhaustion was unnecessary for claims related to those presented in an earlier EEOC complaint. Simms, 165 F.3d at 1326; Seymore, 111 F.3d at 799. But this view was unambiguously rejected in 2003 when we decided Martinez v. Potter, 347 F.3d 1208, 1210-11 (10th Cir.2003).
    Read the full opinion on CourtListener →

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