US professors sue university over arrest during pro-Palestine protest

Three professors at Atlanta’s Emory University in the United States have filed a lawsuit over their arrests during a 2024 campus protest over Israel’s genocidal war on Gaza.

Their lawsuit on Thursday argued that the university broke its own free-speech policies when it called in police and state troopers to aggressively disband the protest, making 28 arrests.

“The judicial system would find that Emory failed to protect its students, to protect its staff, to protect the educational mission of the university,” said philosophy professor Noelle McAfee, one of the plaintiffs.

“So this isn’t just about people’s individual rights. It’s our educational mission to train people in free and critical inquiry, to be able to learn how to engage with others, to be fearless.”

Laura Diamond, a spokesperson for Emory, responded that the university believes “this lawsuit is without merit”.

“Emory acts appropriately and responsibly to keep our community safe from threats of harm,” Diamond said in a statement. “We regret this issue is being litigated but we have confidence in the legal process.”

The suit is just one example of how the nationwide wave of protests from 2023 and 2024 continues to reverberate on elite campuses.

There have been multiple instances where students and faculty have filed lawsuits against universities, arguing they were discriminated against because of the protests.

But the Emory suit is unusual. McAfee and her fellow plaintiffs — English and Indigenous studies Professor Emilio Del Valle-Escalante and economics Professor Caroline Fohlin — all remain tenured faculty members. None were convicted of any charges.

The civil lawsuit in DeKalb County State Court demands that the private university repay money the three spent defending themselves against misdemeanour charges that were later dismissed, along with punitive damages.

McAfee said she’s suing her employer “to try to get them to be accountable and to change”.

All three say they were observers on April 25, 2024, when some students and others set up tents on the university’s main quad to protest the war. They say Emory broke its own policies by calling in Atlanta police and Georgia state troopers without seeking alternatives.

McAfee was charged with disorderly conduct after she said she yelled “Stop!” at an officer roughly arresting a protester. Del Valle-Escalante said he was trying to help an older woman when he was arrested and charged with disorderly conduct.

Fohlin said that, when she protested against officers pinning a protester to the ground, she herself was thrown face-first to the ground and arrested, suffering a concussion and a spine injury. Fohlin was charged with misdemeanour battery of an officer.