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By Jeff Goldman | NJ Advance Media for NJ.com

The now former Kenilworth schools superintendent accused of repeatedly pooping at a high school track near his home has notified Holmdel police he plans to file a lawsuit over the mug shot taken after his arrest, according legal documents filed by his attorney.

Thomas Tramaglini claims Holmdel police should not have photographed him at police headquarters because the public defecation, lewdness and litter charges, which remain pending, were low-level municipal offenses.

"It’s like getting photographed and fingerprinted for a speeding ticket," his attorney Matthew Adams said in an email to NJ Advance Media.

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"On May 1, 2018, officers or agents of the Holmdel Police Department unlawfully took Dr. Tramaglini's photograph and distributed and disseminated the 'mug shot' to third parties, including the media with the intent to harm Dr. Tramaglini," according the court filing.

The filing, known as a tort claim notice, by Tramgalini is a required legal step in advance of a full lawsuit. It lists potential damages of more than $1 million due to loss of income, harm to his reputation, emotional distress and invasion of privacy.

“It is our position that the photograph that has been widely disseminated was unlawfully taken and maliciously distributed,” Adams said in a phone interview Friday.

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Defending the superintendent accused of pooping. We talk to lawyers

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The Kenilworth board of education announced Thursday that it had accepted Tramaglini's resignation from his superintendent job, which paid $147,500 annually plus a potential bonus. He also made $5,700 per semester as a part-time lecturer at Rutgers University, according to his legal filing.

Tramaglini, 42, of Aberdeen, was arrested at 5:50 a.m. on May 1 at the Holmdel High School track.

Police began monitoring the track, which is about three miles from Tramaglini's townhouse, after receiving reports of human feces being found daily, authorities said.

Officials were soon able to identify Tramaglini as the person responsible for defecating on the track, according to Holmdel police. According to the arrest report, there are two DVDs with surveillance video footage.

The township declined to release the footage to NJ Advance Media, saying it could compromise the school's "security measures and surveillance techniques."

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Tramaglini made a first appearance in court June 12 and has since pleaded not guilty. He is due back in Holmdel municipal court at 11 a.m. on Aug. 13.

Tramaglini had been on paid leave from his superintendent job since his arrest.

The Kenilworth board of education accepted Tramaglini's resignation on Thursday. An email and voicemail sent by the board of education to staff that evening said his resignation is effective Sept. 30. He was hired in February 2016.

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On Friday, Adams reiterated his previous comments that the accusations against Tramaglini are not true.

"This notion that Tom is 'serial pooper' is unfounded and frankly it's disgusting and unfair," Adams said. "It's really unfair to malign a guy who has had a great career. You talk to any of Tom's colleagues about his career and what he’s done for kids they’ll tell you that."

Holmdel police and township officials couldn't immediately be reached for comment. The township attorney also didn't immediately return a phone call and email.

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Jeff Goldman may be reached at jeff_goldman@njadvancemedia.com. Follow him on Twitter @JeffSGoldman. Find NJ.com on Facebook.