Facts

Plaintiffs Jessica Felber and Brian Maissy filed suit against UC Berkeley for allegedly failing to do enough to stop anti-Semitic sentiment and harassment during pro-Palestinian protests.

Felber was allegedly assaulted on March 5, 2010 by Husam Zakharia, the leader of "Students for Justice in Palestine," a UC Berkeley Registered Student Organization. While participating in an event on campus called "Israel Peace and Diversity Week," Felber was holding a placard that read "Israel wants Peace." Allegedly in response, Zakharia intentionally rammed a shopping cart into Felber, resulting in physical injury which required medical attention.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claim that the assault was the result of defendants' tolerance of the development of a dangerous anti-Semitic climate on its campuses as well as their failure to adopt policies, regulations, and student organization procedures to prevent threats, intimidation and harassment by various student organizations that threaten the health and safety of UC Berkeley's Jewish students.

Result

The court dismissed the case on the grounds that the university itself did not violate plaintiffs' constitutional rights. The court held that UC Berkeley does not have a legal obligation to intervene in any situation where a private individual interferes with those rights. The assault also did not occur in the context of plaintiff's educational pursuits. Judge Seeborg emphasized that "much of the alleged harassment, even if [it occurred], constituted protected political speech that UC Berkeley had no obligation to stop." Judge Seeborg also rejected the plaintiffs' claim that UC Berkeley officials were deliberately indifferent to the threats that the plaintiffs allegedly faced. The judge highlighted that campus police had arrested disruptive protesters and that UC Berkeley's administration "has engaged in an ongoing dialogue with the opposing parties in an attempt to ensure that the rights of all persons are respected, and to minimize the potential for violence."

Other Information

The court granted leave to amend the Title VI cause of action which plaintiff will do. Plaintiff states that this is the first case which affords Jewish students protections under Title VI.