District Court, N.D. Ohio August 1, 2014, Case No. 1:12 CV 1057 (McKissic v. Miller)

MEMORANDUM OPINION ' AND ORDER

DONALD C. NUGENT, District Judge.

This action is before the Court on Defendant Jason Miller’s Motion to Dismiss or Alternatively, Motion for Summary *909Judgment. (ECF # 64). Plaintiff filed a Memorandum in Opposition to the motion, (ECF # 67), and Officer Miller filed a Reply to the response. (ECF # 75).