UT-Austin student’s lawsuit over arrest during pro-Palestinian demonstrations may proceed, judge rules

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A U.S. district judge has allowed a University of Texas at Austin student to continue his free speech case against the school after he was arrested during a pro-Palestinian protest last year.

Ammer Qaddumi filed a lawsuit in the U.S. federal court on Aug 28, claiming that the university violated his First Amendment rights when he was arrested during an April 2024 protest on campus. Qaddumi was suspended from the university for three semesters, barring him from entering the campus and completing any academic work.

U.S. District Judge Robert Pitman dismissed last week the case against former President Jay Hartzell and Vice President and former Provost Sharon Wood, who were named as defendants in the original suit, but ruled that it may continue against interim UT-Austin President James E. Davis.

“Qaddumi alleges he was suspended at least in part because of the prior actions of a student group of which he is not a member but only shares similar views. Overall, Qaddumi’s allegations suffice to create a plausible inference that retaliation for his protected speech and viewpoint discrimination caused his suspension in violation of the First Amendment,” Pitman said in his ruling.

He also allowed Qaddumi to continue his legal efforts to have the university drop the suspension and clear it from his record.

UT officials did not respond Friday to a request for comment.

Here’s what you need to know about the case:

What the lawsuit says: On April 23, 2024, the Palestine Solidarity Committee, a student group at UT-Austin, called on students to protest the university and its investment into companies that support Israel in response to the Israel-Hamas war. The protest was scheduled for the next day.

That evening, according to the lawsuit, the university emailed the student group’s leaders letting them know they would not be allowed to hold the event; two university staffers repeated the message the next day when Qaddumi arrived on campus.

As students started to gather, police called on them to disperse and sought out a student mediator to communicate their directives to the group. Qaddumi volunteered, the lawsuit states, but when he rushed to the front of the crowd to encourage them to disperse and avoid arrest, UT-Austin police arrested him.

Last summer, Qaddumi received a notice from UT-Austin saying he violated university policy for his involvement in the protest. Qaddumi tried to dispute the university’s accusations, arguing that it erroneously attributed social media posts from another student group to him. But the university rejected his defense.

In the lawsuit, Qaddumi argues that the university’s attempt to cancel the event before the students expressed themselves violates their First Amendment rights. He argues the university’s decision to discipline him is retaliation for his beliefs.

“[T]he University’s response to the lawsuit and claims will be set out in our court filings,” university spokesperson Mike Rosen wrote in an email to KUT last year. “Until then, no further comment.”

What has happened in the aftermath: The lawsuit is one of several filed after multiple protests rocked the UT-Austin campus last spring. University administrators called on law enforcement to intervene, leading to the arrest of 130 individuals who were charged with criminal trespass. Travis County District Attorney Delia Garza has since dropped the charges against all of those arrested.

UT-Austin issued disciplinary punishments against the students who were arrested, including probation and suspension. While UT-Austin has defended its actions, faculty have criticized them. Last summer, a university committee alleged administrators violated the university’s rules with their handling of the protests.

State lawmakers passed bills in response to the protests during this year’s legislative session.

Senate Bill 2972 will restrict anyone who participates in a protest on campus from using microphones or other amplification devices during class hours, if those devices intimidate others, interfere with campus operations or police work. Additionally, protesters will be prohibited from wearing disguises and erecting tents, and will have to identify themselves when asked by a university official or the police.

The bill is headed to Gov. Greg Abbott’s desk for final approval. He has until June 22 to veto the proposal or it becomes law.

Abbott has already signed Senate Bill 326, which requires schools to use the working definition and examples of antisemitism by the International Holocaust Remembrance Alliance, while considering disciplinary actions for a student. Free speech advocates say that definition and those examples conflate criticism of the Israeli government with antisemitism.

The Texas Tribune partners with Open Campus on higher education coverage.

Disclosure: University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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