Four students arrested April 24, 2024 at the University of Texas campus sued the university last year for unlawful seizure, viewpoint discrimination and retaliation. It was one of at least three suits filed related to the protests, which were part of national demonstrations that demanded universities divest from weapons manufacturers contributing to Israel’s war in Gaza.
2/4/26 Reposted from statesman.com
A federal judge last week allowed students to move forward with a lawsuit claiming that UT retaliated against them after their participation in pro-Palestinian protests in 2024.
Two years ago, state troopers and Austin and university police arrested 136 University of Texas students at two pro-Palestinian protests. The university described the demonstrations as dangerous and disruptive, while students and civil rights organizations insisted they were peaceful.
A federal judge last week allowed students to move forward with a lawsuit claiming that UT retaliated against them after the protests, in violation of the First Amendment.
A judge in the Western District of Texas last week said the current and former students — Mia Cisco, Arwyn Heilrayne, Iliana Medrano and Citlalli Soto-Ferate — can proceed with their claims against UT System Chairman Kevin Eltife and UT President Jim Davis. Davis is standing in for former UT President Jay Hartzell, who led the university at the time of the protests but has since departed to lead Southern Methodist University.
Judge David Ezra dismissed students’ two other arguments due to the defendants’ qualified immunity, which gives state officials and police broad protection in civil cases unless a “clearly established” right has been broken.
UT System did not respond to a request to comment about Judge Ezra’s decision to let the students’ case move forward
UT Spokesperson Mike Rosen said “As is our usual practice, we are reviewing the order in light of our overall litigation strategy.”
The order sets the stage for the case to enter discovery and eventually go to trial, barring delays that could come if UT or the students appeal the ruling to the U.S. Fifth Circuit Court of Appeals.
“The courts recognize they have the right to move forward, they have the right to their day in court,” said attorney Christina Jump, who represents the students. “They have a chance at redemption.”
After the students’ April arrests, the Travis County district attorney dismissed all criminal trespassing charges against them, but UT pursued disciplinary action for their alleged violations of institutional rules.
Three students received deferred suspension, which they allege has chilled their speech. They also claim it affected their opportunities to obtain an internship because of the suspensions’ notation in their academic records. Cisco received academic probation, and outside the case, at least two other students faced suspension.
In allowing the retaliation claim to proceed, Ezra cited students’ argument that similar protests were held without arrest or disciplinary action. The judge also noted that police did not arrest counterprotesters.
The students sufficiently proved their reputation and employment and graduate school opportunities were harmed because of UT’s assigned punishments, he wrote.
“These students have the right to exercise their First Amendment-protected rights to free speech, to peacefully protest,” Jump said. “When they did that, and when they spoke out in ways that the administration of UT didn’t like, they were retaliated against in the way they were treated by the university and by university officials.”
Jump said the legal team is discussing whether to file an appeal to include the students’ other two arguments, but is looking forward to the discovery stage of the lawsuit.
The students’ lawsuit cites body camera footage of a Texas Department of Public Safety trooper questioning why students were being arrested at the April 24 protest. The students’ attorney also used Gov. Greg Abbott and UT’s public comments to argue they were directly involved in punishing the students.
“They were slammed in the media immediately by these Texas officials, and their pictures were splashed all over a lot of social media,” Jump said. “They get the chance to show they are right. They get the chance to show they follow the law.”
Davis and Eltife’s lawyer asked Monday for more time to answer the complaint as they consider appealing. Hartzell said in 2024 that the university enforced their rules on campus while protecting free speech.
“Peaceful protests within our rules are acceptable. Breaking our rules and policies and disrupting others’ ability to learn are not allowed,” Hartzell wrote in a message to the UT community. “The group that led this protest stated it was going to violate Institutional Rules. Our rules matter, and they will be enforced. Our University will not be occupied.”
Chelsea Glover, an attorney from the Constitutional Law Center for Muslims in America who is also representing the students, said lawyers feel strongly that the students will succeed.
“We think that it’s clear that they were targeted for their pro-Palestinian speech, which is protected under the First Amendment,” Glover said. “Discovery will bring those facts to light, and the school and the Board of Regents will be held responsible.”
