EASTON, Pa. – An attorney for the Bethlehem Area School District said Superintendent Joseph Roy shoved or pushed an assistant principal during a high school football game last fall.
The disclosure in federal court Wednesday was the first time the district acknowledged a physical altercation between Roy and Antonio Traca, a Liberty High School assistant principal who filed a federal civil rights lawsuit in April against Roy and the school district.
- A motion to dismiss argues the alleged assault by Roy is not a civil rights violation
- Roy also argues he had qualified immunity
- A pretrial conference was held Wednesday afternoon in federal court in Easton
“I think pretty much what was happening is that the superintendent was perhaps somewhat overzealous, but he was upset by the inaction of the plaintiff in not stopping a fight amongst the students,” attorney John E. Freund said in court.
His comments came before a federal court judge during an initial pretrial conference stemming from the lawsuit.
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.
The school district and Roy are urging U.S. District Court Judge Edward Smith of the Eastern District of Pennsylvania to dismiss the lawsuit, arguing there were no civil rights violations.
"The facts aren't contested,” Smith said. “We really don't have a problem with facts. The issue is where do you pigeonhole this particular conduct under our law.”
Before Wednesday, neither Roy nor the school district described what had happened that night, which became the subject of an independent personnel investigation.
Investigation ends in silence
On Nov. 6, school board President Michael Faccinetto said the board was aware of "the incident and was conducting an investigation," when asked about an alleged incident between the superintendent and a district employee. At the time, Roy said he was the subject of an “unfounded rumor.”
The school board hired retired Judge Emil Giordano of the Norris McLaughlin law firm and paid him more than $12,000 to conduct an investigation. The investigation ended in February with the board reporting the matter closed and declaring the findings would not be made public. A request for comment to Faccinetto received no immediate response.
Roy, who has led Bethlehem schools for 13 years, announced his retirement in March. It becomes effective July 15. He has said his retirement was not related to the allegations.
During Wednesday’s proceeding, Traca's lawyer David Deratzian argued Roy's conduct abused the Fourth Amendment, the right against unreasonable search and seizure. But Freund argued it was an impulsive act that was unforeseeable.
Smith disputed Freund's argument that it was an unfortunate management style.
"It goes beyond poor management style," he said. "There can be little excuse for punching someone. But the question here is does that punch violate the U.S. Constitution?
Smith said 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.
The judge did not issue a ruling but said he may allow Traca to amend his complaint. Neither Traca nor Roy was in the courtroom.
Deratzian said after the hearing that he may appeal if the decision goes against Traca. Freund said he believed the judge understood the case didn't belong in federal court.
"I think it's a sad day when somebody can be dragged into federal court accused of a constitutional violation for simply telling a subordinate to do his job," he said.
In a motion filed last month, Roy did not admit to “punching” Traca. He argued that the assistant principal’s civil rights have not been violated. However, if they were, it would be a simple assault and not a civil rights violation, he said.
Roy also claims to have qualified immunity. State and local officials may have qualified immunity for causing someone else an injury while performing their job duties unless they violate a constitutional right.
Details of claims
Traca claims he was slandered and his reputation was damaged by the incident. He is seeking compensatory damages for emotional distress, pain and suffering, and court costs.
Traca also accused the board of turning a blind eye to Roy's behavior. His lawsuit alleged other instances where Roy made angry outbursts at district employees, including the chief human resources officer, the head of the teacher’s union and parents wanting to speak at a board meeting.
“Dr. Roy’s alleged acts are unequivocally inadequate to substantiate that a state actor acted with a degree of culpability that shocks the conscience.”From the school district's motion to dismiss the case
The school district in its motion argues that Roy was acting independently when he allegedly assaulted Traca, and not in accordance with a district policy, practice or custom. While Traca’s lawsuit accuses the school board of inaction to correct Roy’s behavior, the district argues it cannot be held liable unless it took some sort of action that could have caused the harm in some way.
“Dr. Roy’s alleged acts are unequivocally inadequate to substantiate that a state actor acted with a degree of culpability that shocks the conscience,” the briefing stated. “Thus, Plaintiff’s Section 1983 causes of action fail to state claims upon which relief can be granted.”
Roy and the school district are also asking the judge to strike the preliminary statement included in the lawsuit, arguing the claims are “redundant, immature, impertinent, and scandalous.”
The preliminary statement discusses school-based violence as a reflection of the current state of the world, describes Roy’s alleged assault on Traca as violent and accuses the BASD school board of covering up the incident.
Motion to Dismiss by LVNewsdotcom on Scribd
