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Lagorio v. Hilton Cent. Sch. Dist.

School Bus Monitor Failed to Show District Director 'Employed' Legal Process

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DECISION & ORDER PRELIMINARY STATEMENT Plaintiff Linda Lagorio (“Lagorio”) filed this case against defendants Hilton Central School District (the “District”) and Joe LaMarca (“LaMarca”), Director of Transportation for the District, (together, the “defendants”), alleging claims of abuse of process and malicious prosecution pursuant to 42 U.S.C. §1983 and New York state common law. (Docket # 17).¹ Lagorio’s claims arise from her interactions in October 2014 with two students with special needs while she was monitoring them on a District school bus and the actions taken by defendants in response to Lagorio’s conduct. Pending is defendants’ motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. (Docket # 33). Pursuant to 28 U.S.C. §636(c), the parties have consented to the disposition of this case by a United States magistrate judge. (Docket # 22). For the reasons stated below, defendants’ motion is granted. FACTUAL BACKGROUND² The District formerly employed Lagorio as a bus monitor for students with special needs, which required her to assist with the transportation of students to and from school. (Defs’ Statement at

2, 3). On October 21 and 22, 2014, Lagorio was monitoring two students on the District’s Bus 80, ten-year-old C.S. and six-year-old R.R. (the “Students”), each of whom was diagnosed with a behavioral disorder, as Lagorio knew. (Id. at

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