AMHERST, N.Y. — A new school year is underway at the University at Buffalo, but it doesn’t come without lingering tensions from last year.
2 On Your Side obtained a notice of claim filed by nine on-campus protesters, four of which are UB students, as a first step in the process of suing the university, various municipalities across Western New York and their police departments for allegedly violating their constitutional rights during a Pro-Palestine protest on May 1.
At the end of last school year, UB Police and various police departments from across the region responded and arrested 15 protesters during a peaceful protest on campus after the group refused to follow campus policy that prohibits protesting after sunset.
The 70-page filing, which was filed in late July, alleges the protesters were “subjected to… assault, battery, excessive force and police brutality” and that some sustained injuries that “will result in permanent defects.”
“People who were present that day were manhandled by the police, thrown to the ground, dog piled while on the ground, punched, kicked, brutalized by the police in completely unacceptable ways,” said Robert Corp, the attorney representing the nine claimants.
Corp said that despite the university’s no overnight protesting policy, his clients still feel they did nothing wrong on May 1. He believes there is some ambiguity in the language in UB’s policies and that protesting into dusk doesn’t constitute an overnight protest.
“I don't think that the plain language of the UB policy about overnight is meant to mean that if the sun begins to go down, you are not allowed to be standing with 50 other people in a small line at UB North Campus,” Corp said.
Despite the actions the university took that day, it seems it may now agree there are issues with the policy. A university spokesperson said UB wouldn’t comment on pending litigation but that the university is in the process of changing its protest policies to now remove any wording referencing the time of day when protests may occur.
UB students are just the latest in a nationwide push by college students to take legal action against their universities for arrests that took place in the spring.
Corp said the notice of claim is a requirement in New York to sue municipalities for misconduct. After the 90-day notice, they will be able to file a lawsuit at the end of October.
“Certainly the university, municipalities are allowed to put in certain restrictions as to place and manner, as to free speech, and we all understand the reasons why that's necessary at times,” he said. “But nothing that was going on on May 1, 2024 put any property or people in any sort of jeopardy.”