BETHLEHEM, Pa. — Lawyers for Liberty High School Assistant Principal Antonio Traca are vowing to appeal a day after a federal judge dismissed a civil rights lawsuit against former Bethlehem Area Schools Superintendent Joseph Roy and the Bethlehem Area School District.
The lawsuit by Liberty High School Assistant Principal Antonio Traca claims Roy punched him in the chest and cursed at him during the Easton-Liberty high school football game on Oct. 14, 2022, as Traca tried to break up a fight.
- A federal court dismissed a civil rights lawsuit again former BASD Superintendent Joe Roy by a district employee
- The employee claims there was an altercation at a high school football game
- The court will allow an amended complaint to be filed
U.S. District Court Judge Edward Smith of the Eastern District of Pennsylvania dismissed the lawsuit, siding with the school district and Roy, who argued there were no civil rights violations, which was Traca's case to Smith.
Smith also found that the school district was not liable for the actions taken by Roy at the Easton-Liberty game at BASD Stadium.
The judge has allowed Traca to bring an amended federal complaint by Aug. 30. He can also file a tort lawsuit in state court, where he can try to recover damages as a result of an injury caused intentionally or through negligence.
Traca's lawyer George Kounoupis said they plan to file an amended complaint that still argues Roy violated Traca's civil rights and the district is liable for the former superintendent's behavior that night. If that fails, Kounoupis said they will appeal to the Court of Appeals for the Third Circuit.
Kounoupis said Roy has not been "vindicated" despite the statement the district released Wednesday.
"The idea that he's vindicated, the idea that he didn't do it," he said. "All they have to do is acknowledge and take responsibility for what he did, and we wouldn't be here. Acknowledge it and take responsibility for the conduct. But no, and now since they spoke, I have to speak."
The district released an emailed statement Wednesday on behalf of Roy and the school board saying it was pleased with the lawsuit's dismissal.
"We regret that Mr. Traca chose to file a lawsuit impugning the reputation of both Dr. Roy and the entire Board of School Directors. Ultimately, this comes down to a dispute between two district employees regarding a brief interaction in the middle of a large crowd at a high school football game that the superintendent had to disperse following a student fight."
Smith said during a pretrial conference in July that he was inclined to dismiss Traca’s lawsuit because it was a claim more suitable for state civil court and not a civil rights infraction. Kounoupis said they plan to exhaust their federal arguments before pursuing a lawsuit in state court.
The plaintiff's lawyer contended Roy's actions deprived Traca of his constitutionally protected right to be free from bodily restraint and punishment under the Fourth Amendment and was subjected to the seizure of his person because of the altercation under the Fourteenth Amendment.
However, the judge wrote in his order that there was no evidence Roy was trying to restrain Traca. He also found that Roy's "punch," while inappropriate, was not malicious or sadistic or led the plaintiff to suffer serious injuries. An attorney for Roy and the district described it as a push or a shove but not a punch.
That hearing signified the first time the district acknowledged a physical altercation between Roy and Traca, which was the focus of an independent investigation that was never made public.
Roy, who retired in July after 13 years as the district's leader, said his retirement had nothing to do with the investigation or controversy. He announced it in March.
