122955P.pdf   03/13/2014  Tim Lors  v.  Jim Dean
   U.S. Court of Appeals Case No:  12-2955
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Smith, Author, with Wollman and Murphy, Circuit Judges] 
   Civil case - Employment Discrimination. For the court's prior opinion in 
   the case, see Lors v. Dean, 726 F.3d 1036 (8th Cir. 2013), reh'g granted 
   and opinion vacated October 2, 2013. In action alleging plaintiff had been 
   terminated in retaliation for filing a discrimination complaint under the 
   Rehabilitation Act and the Americans with Disabilities Act, plaintiff 
   failed to establish any direct evidence of retaliation; analyzing his ADA 
   retaliation claim under McDonnell Douglas, plaintiff failed to demonstrate 
   that the defendants' legitimate, non-discriminatory reason for his 
   termination (failure to comply with the requirements of a work improvement 
   plan) was a pretext; since the summary judgment record shows plaintiff did 
   not have a valid Title V claims against the defendants, the court need not 
   determine whether Title V of the ADA is a valid abrogation of sovereign 
   immunity. 
  
122955P.pdf   08/08/2013  Tim Lors  v.  Jim Dean
   U.S. Court of Appeals Case No:  12-2955
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Smith, Author, with Wollman and Murphy, Circuit Judges] 
   Civil case - Employment discrimination. Plaintiff's claims for money 
   damages against the State of South Dakota and its employees under Titles I 
   and V of the Americans with Disabilities Act were barred by sovereign 
   immunity; the appeal must be dismissed for lack of jurisdiction.