O'Malley v. NaphCare Inc, No. 3:2012cv00326 - Document 54 (S.D. Ohio 2014)

Court Description: DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART THE PARTIAL MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT FILED BY DEFENDANT NAPHCARE, INC. (DOC. #42); ADOPTING THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (DOC. # 52); OVERRULING THE DEFENDANTS' OBJECTIONS (DOC. #53) TO SAID JUDICIAL FILING; AND DISMISSING WITH PREJUDICE THE FIRST AMENDMENT RETALIATION CLAIM UNDER 42 U.S.C. § 1983, COUNT FOUR OF THE THIRD AMENDED COMPLAINT (DOC #41). Signed by Judge Walter H Rice on 11/17/2014. (srb1)