Three activists filed suit in state and federal court against Case Western Reserve University Wednesday for an incident where they were spray painted by university-hired contractors last May.
The plaintiffs, two of whom are "current or former" CWRU students according to the lawsuits, stood in front of the campus "Spirit Wall" in an attempt to prevent the contractors from covering up messages on the wall protesting the war in Gaza, amid broader protests on campus last spring.
Attorney Peter Pattakos in a press release Thursday said university police ordered the contractors to spray paint the plaintiffs in the case, violating their rights and coating them in "toxic" paint.
"These actions by CWRU officials violated the protesters’ free-speech rights under the First Amendment, their right to be free from excessive force under the Fourth Amendment, and also constitute assault and battery under Ohio law," he said.
Pattakos also alleged CWRU President Eric Kaler and his administration demonstrated that "pro-Palestine views are not welcome on CWRU’s campus, and students and community members who vocally support the Palestinian cause, or criticize the Israeli government, will be discriminated against by CWRU officials, including CWRU police." One of the plaintiffs, Ameer Alkayali, is not a CWRU student, but his family owns the Algebra Tea House cafe and restaurant close to the university's campus.
Case Western Reserve University declined to comment on "active litigation" through a spokesperson Thursday afternoon. University President Eric Kaler has previously apologized for the incident.
"Let me be clear: No students—or any individuals—should ever be treated this way, especially on a campus where our core values center on providing a safe, welcoming environment," he wrote following the May 2024 incident. "This is not who we are as an institution, and I am deeply sorry this ever occurred. The university will continue to fully investigate these actions and hold individuals responsible for this behavior, including the failure of our own officers to intervene."
The federal suit seeks a jury trial and $75,000 in damages along with attorneys' fees. The suit filed in Cuyahoga County Common Pleas Court similarly seeks a jury trial and $25,000 in damages plus fees.
