OPINION AND ORDER
CHRISTOPHER A. BOYKO, District Judge.
This matter comes before the Court on Defendants City of Rocky River ("Rocky River"), Donald Wagner ("Wagner"), Carl Gulas ("Gulas"), Andrew Bemer ("Bemer") and Michael O'Shea ("O'Shea") collective Motion to Dismiss Plaintiffs' Refiled Complaint pursuant to Fed.R.Civ.P. 12(b)(6) (Doc. 3). The Magistrate Judge recommends the Defendants' Motion be granted, in part, and denied, in part, as follows.
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