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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.