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08-2094 - Theisler v. Teare et al


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08-2094 - Theisler v. Teare et al
October 14, 2008
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Memorandum Opinion and Order: Plaintiff's claims against First Correctional Medical ("FCM"), FCM Employee Victor Goble, Ohio Department of Rehabilitation and Correction (ODRC) Assistant Chief Inspector Hugh J. Daley, FCM Owner Tammy Kastre, FCM Employee Vicky Owen, and FCM Employee Robert Washnitzer are dismissed with prejudice. His claims against Donna Teare under the ADA and the Rehabilitation Act, the Eighth Amendment for medical conditions other than his vision, and his state law claims are also dismissed with prejudice. The court certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an appeal from this decision could not be taken in good faith. This case shall proceed solely on the plaintiff's Eighth Amendment claim against Ms. Teare which pertains to denial of contact lenses and cleaning solution. Judge Patricia A. Gaughan on 10/14/08. (LC,S)