DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
102627P.pdf 12/28/2011 Devonna Culpepper v. Thomas Vilsack
U.S. Court of Appeals Case No: 10-2627
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and
Colloton, Circuit Judge]
Civil case - Rehabilitation Act of 1973. For the court's earlier opinion
in the matter, see Culpepper v. Schafer, 584 F.3d 1119 (8th Cir. 2008).
Plaintiff's failure to apply for a promotion was not excused for futility;
claim that defendant failed to promote plaintiff through the accretion-of-
duties process failed because plaintiff never applied for an accretion-of-
duties promotion; there was no evidence defendant reclassified positions
with a discriminatory or retaliatory intent; district court did not err in
refusing to consider plaintiff's claims from the year 2009 as they were not
reasonably related to the allegations of her complaint or amended
complaint; district court's determination that plaintiff's allegations
considered cumulatively did not amount to discrimination or retaliation
affirmed.