Student sues UT Austin after arrest during pro-Palestinian protest

A UT Austin student is suing the university and two of its leaders, claiming they violated his First Amendment rights when he was arrested while protesting Israel’s war in Gaza.

Ammer Qaddumi, now a senior at UT, also claims that the university, President Jay Hartzell and Provost Sharon Wood wrongfully retaliated against him by threatening him with suspension. An attorney filed the lawsuit in federal court on Tuesday, which was first reported by KXAN.

“These were kids who were walking down the sidewalk chanting, ‘Hey, hey, ho, ho, the occupation’s got to go,” Brian McGiverin, Qaddumi’s lawyer, said. “There’s nothing dangerous or scary or frankly remarkable about it as far as First Amendment activity goes.” McGiverin says he believes this is the first lawsuit filed by a student over the university’s response to the protests.

Qaddumi is asking for the university to pay for damages and to stop any further disciplinary action against him.

KUT reached out to a UT Austin spokesperson for comment. “[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. “Until then, no further comment.”

The lawsuit is the latest in the fallout from two pro-Palestinian protests held on UT Austin’s campus in April. University officials called on state law enforcement to intervene and police arrested more than 130 participants — many of them for criminal trespass. County officials later dropped most of these charges.

Since then, students arrested at the protests have faced discipline, including probation and suspension. Faculty have criticized the university’s response to the protests, including in a recent report where a university committee alleged administrators, not protesters, violated institutional rules.

Qaddumi and his lawyer say the university first violated his rights when they told organizers they could not hold the planned demonstration. His lawsuit alleges the university stifled students’ speech before they had a chance to express themselves.

Despite the university’s directive, dozens of protesters gathered the next day on the South Mall. As police arrived and began to encircle the group, they asked for a mediator and Qaddumi volunteered, according to the lawsuit.

Both the university and Qaddumi’s lawyer say the student told demonstrators to follow the order to disperse. University officials say he then rejoined protesters. Police arrested him just before 1 p.m. His lawyer says by restraining Qaddumi, the university and its officials violated his right to free speech.

Several months after the protests, UT sent notice to Qaddumi and other students that they faced discipline for allegedly violating university rules.

According to documents filed as evidence in his lawsuit, the university has threatened to suspend Qaddumi for three semesters, during which he would not be able to enroll in classes or enter campus without written approval.

He is protesting this decision and has a hearing Friday, according to his lawyer.

The university has defended its response to the April protests by citing several rules officials say protesters broke, including failing to disperse when told by police and administrators to do so. The university has also said protesters brought a variety of weapons to campus, but county prosecutors refuted that claim. In May, one man from San Marcos was charged with illegally carrying a gun during the protests.