Federal Court Rules Against Jewish Students in Antisemitism Lawsuit Against UPenn

A federal judge has thrown out a lawsuit against the University of Pennsylvania that claimed the Ivy League institution “permitted, tolerated and/or facilitated multiple antisemitic incidents on its campus, creating a hostile educational environment for Jewish students” following the attack by Hamas on Israel on October 7, 2023.

Mitchell Goldberg, who serves as the chief judge of the U.S. District Court for the Eastern District of Pennsylvania, explained in his decision that the lawsuit—which was initiated by Jewish students enrolled at the university—features a 111-page amended complaint which “details a broad spectrum of general allegations, complaints, historical and current events, and purported antisemitic incidents alleged to have occurred not only on Penn’s campus, but also in the United States and worldwide.”

“The amended complaint further includes sweeping claims regarding ideological, philosophical, religious, and political concerns and grievances, unrelated to a federal lawsuit,” he stated this week. “Upon reviewing Plaintiffs’ amended complaint, I conclude that it does not sufficiently allege the factual basis necessary to plausibly establish viable claims under Title VI, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, or for breach of contract.”

“While Plaintiffs spend an inordinate amount of space expounding on long-past injustices and incidents, some dating as far back as 1993, and complaining that Penn did not take the actions or respond to their reports, letters, or emails in the manner which Plaintiffs wanted, Plaintiffs have failed to plead any facts showing either intentional discrimination or deliberate indifference on the part of Penn,” Goldberg continued. 

An encampment was set up on the grounds of the University of Pennsylvania in April 2024. (Matthew Hatcher/AFP via Getty Images)

However, Goldberg also said that Penn has submitted “documentary evidence showing it has long had policies in place opposing antisemitism in all its forms on its campus,” which also “allegedly establish that since October 7, Penn has developed action plans to address and ‘combat’ antisemitism and the expression of religious and racial hatred on its campus, and has increased its security measures to ensure the safety and wellbeing of its Jewish students.” 

“Deliberate indifference is a very high bar and Plaintiffs’ dissatisfaction with Penn’s responses is not enough to establish there was an official decision by Penn to not remedy a Title VI violation and that this deliberate indifference effectively caused racial discrimination,” Goldberg ruled. 

Students and faculty of Drexel University and University of Pennsylvania march from City Hall to the University of Pennsylvania campus where they erected an encampment against the war in Gaza on April 25, 2024.  (Matthew Hatcher/AFP via Getty Images)

“I will, however, provide Plaintiffs one last opportunity to amend its complaint, but only as to the Title VI and breach of contract claims,” he also said.