IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

TAMMY N. BRUDNAK, : 

 Plaintiff : CIVIL ACTION – LAW 

 : JURY TRIAL DEMANDED 

vs. : 

 : HONORABLE JAMES KNOLL 

ALLENTOWN SCHOOL DISTRICT and : GARDNER 

MARIO TRACA, : HONORABLE ARNOLD C. 

 Defendants : RAPOPORT 

 : 

: NO: 05-2159 

TRIAL BRIEF OF DEFENDANT, MARIO TRACA

A. List of exhibits: 

 

1. December 22, 2003 Memo from Sabo to Rossi regarding meeting with Florice 

Brudnak 

 

2. Secondary school Student Complaint Form – Sexual Harassment 

3. January 16, 2004 letter from Rossi to Traca 

4. April 16, 2004 letter from Sabo to Brudnak 

5. Mentor Selection information from ASD 

6. Undated statement of Mario Traca 

7. Plaintiff's school transcript for 1997-1998 and 1998-1999 

8. Plaintiff's school transcript for 2000-2001, 2001-2002 and 2002-2003 

 

9. Absent/Tardy totals by Calendar Period for 2001-2002 

10. Absent/Tardy totals by Calendar Period for 2002-2003 

11. Absent/Tardy totals by Calendar Period for 2003-2004 

12. Student Transcript 2001-2004 

13. Allentown School District Sexual Harassment Policy 

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B. List of Name, Address and field of expertise of each expert witness 

None. 

C. C.V. for each expert witness 

 

None. 

D. List of name and address of each fact witness to be called at trial, together with a 

brief statement of the nature of his or her expected testimony 

Mario Traca: Defendant. Mr. Traca denies any sexually discriminatory conduct and 

denies that he violated Ms. Brudnak's constitutional rights. 

Rosalee Sabo – Former Principal at Dieruff High School – conducted investigation into 

complaints made by Ms. Brudnak. 

Jessica Hernandez – former classmate of Plaintiff's 

Gessenia Hernandez – former classmate of Plaintiff's 

Carl Walters – teacher in Health and Physical Education department – denies witnessing 

any inappropriate conduct 

 

Keith Brader – teacher in Health and Physical Education department – denies witnessing 

any inappropriate conduct 

Manar Makhoul – former classmate of Plaintiff- denies witnessing any inappropriate 

conduct 

Evelyn Rossi – Administrator – Involved in the investigation into Plaintiff's complaints 

Linda Cruttenden - – teacher in Health and Physical Education department – denies 

witnessing any inappropriate conduct 

Michael Marcks- Assistant Principal at Dieruff High School – involved in investigation 

of Plaintiff's complaints 

Melvin Riddick, AEA President – involved in investigation of Plaintiff's complaints 

E. Itemized statement of claimant's damages and/or other relief sought: 

Without admitting or denying same, Defendant relies upon statement made by Plaintiff as 

to her damages. 

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F. A statement of any anticipated significant and/or unique legal and procedural issues 

on which the court will be required to rule, together with counsel's single best authority on 

each such issue. 

This claim is plead under the Equal Protection Clause of the Fourteenth Amendment. 

Plaintiff has failed to demonstrate that the treatment she received was, in fact, different from the 

treatment received by other similarly situated individuals. City of Cleburne v. Cleburne Living 

Center, 473 U.S. 432, 87 L. Ed. 2d 313, 105 S. Ct. 3249 (1985). 

Plaintiff "must show intentional discrimination against him because of his membership in 

a particular class, not merely that he was treated unfairly as an individual." Poli v. SEPTA, 1998 

U.S. District LEXIS 9935 (E.D. Pa., 1998). 

In order to sustain a claim for violation of a constitutional right to bodily integrity, a 

Plaintiff must produce evidence that the alleged conduct "shocks the conscious". Collins v. City 

of Harker Heights, 503 U.S. 115, 125-128, 117 L. Ed.2d 261, 112 S. Ct. 1061 (1992). 

Under the Harlow v. Fitzgerald standard, a governmental official sued in his individual 

capacity is entitled to qualified immunity in any of three circumstances: (1) if the conduct 

attributed to him is not prohibited by federal law; (2) where the conduct is prohibited by federal 

law, the Plaintiff's right not to be subjected to such conduct by defendant was not clearly 

established at the time of the conduct; or (3) if the defendant's action was "objectively, legally 

reasonable...in light of the legal rules that were clearly established at the time it was taken". 

Harlow v. Fitzgerald, 457 U.S. 800, 819 (1981). 

G. Names and addresses of the parties at the time the cause of action arose and 

presently 

Mario Traca 

1343 Montrose Ave. 

Bethlehem, PA 18018 

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H. Name, address and telephone number of trial counsel, and if applicable, the name 

and telephone number of the firm with which he or she is affiliated 

Robin B. Snyder, Esquire 

Marshall, Dennehey, Warner, Coleman & Goggin 

401 Adams Avenue, Suite 400 

Scranton, Pennsylvania 18510 

(570) 496-4600 

direct dial : (570) 496-4610 

I. Proposed Voir Dire questions 

See separately filed document. 

J. Proposed verdict slip 

See separately filed document. 

K. Any other matters of importance for the efficient trial of this case. 

The Defendants have filed motions for summary judgment which are outstanding. 

 Respectfully submitted, 

 MARSHALL, DENNEHEY, WARNER, 

 COLEMAN & GOGGIN 

 By:/s/ Robin B. Snyder, Esquire 

Robin B. Snyder, Esquire 

 Attorney I.D. No: PA 71562 

The Scranton Center, Suite 400 

401 Adams Avenue 

Scranton, PA 18510 

(570) 496-4600 

 

 Attorneys for Defendant, Mario Traca 

Case 2:05-cv-02159-JKG Document 34 Filed 08/22/06 Page 4 of 5
CERTIFICATE OF SERVICE

I, Robin B. Snyder, Esquire, do hereby certify that a true and correct copy of the foregoing 

Trial Brief was served upon all parties by electronic filing on the 22nd day of August, 2006 at the 

following addresses: 

Richard J. Orloski, Esquire 

Orloski, Hinga, Pandaleon & Orloski 

111 N. Cedar Crest Blvd. 

Allentown, PA 18104-4602 

John E. Freund, III, Esquire 

King, Spry, Herman, Freund & Faul, LLC 

One West Broad St. 

Suite 700 

Bethlehem, PA 18018 

 Respectfully submitted, 

 MARSHALL, DENNEHEY, WARNER, 

 COLEMAN & GOGGIN 

 By:/s/ Robin B. Snyder, Esquire 

Robin B. Snyder, Esquire 

 Attorney I.D. No: PA 71562 

The Scranton Center, Suite 400 

401 Adams Avenue 

Scranton, PA 18510 

(570) 496-4600 

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