requirements. Stahura-Uhl concedes most of Defendants’ argument, but argues that she has sued the individual defendants not in their official capacity, but in their personal capacity, which does not require the filing of a notice of claim under New York State law. “Whether a municipal defendant’s alleged unlawful conduct occurred within the defendant’s scope of employment is often a question of fact,” but courts are not precluded from deciding the question as a matter of law where the complaint establishes that the alleged conduct “occurred only within the scope of employment.” Wrobel v. Cnty. of Erie, No. 03 Civ. 277, 2004 WL 2922087, *3 ( W.D.N.Y. Dec. 16, 2004) (citing McCormack v. Port Washington Union Free Sch. Dist., 214 A.D.2d 546, 625 N.Y.S.2d 57, 58-59 (2d Dep’t 1995)) (<HOLDING>). Although Stahura-Uhl alleges that the
holding that it is not enough that the defendant has acted with an intent that is tortious malicious or even criminal or that he has intended to inflict emotional distress the conduct itself must be extreme and outrageous holding in a fcra case that plaintiffs may not rely on mere  conclusory statements  rather they must  sufficiently articulate  true demonstrable emotional distress  including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any holding that where a high school student and the students mother received adequate notice of the charges had sufficient opportunity to prepare for the meeting with school personnel were accorded an orderly hearing and were given a fair and impartial decision no due process violation occurred even though the school failed to provide advance notice that the potential disciplinary actions included a transfer to another school holding that a school district was not required to move a nurse to a students neighborhood school to comply with the idea holding that plaintiff was required to comply with notice of claim provisions where complaints assertions that school principals actions in engaging in willful course of malicious conduct designed to defame and inflict emotional distress upon plaintiff constituted conduct intimately related to the discharge of his duties as a principal and the legitimate goals of the school district