A federal judge dismissed a lawsuit filed against the University of Pennsylvania alleging the Ivy League school “permitted, tolerated and/or facilitated multiple antisemitic incidents on its campus that have created a hostile educational environment for Jewish students” in the wake of Hamas’ Oct. 7, 2023 attack on Israel. 

Mitchell Goldberg, the chief judge of the U.S. District Court for the Eastern District of Pennsylvania, wrote in his ruling that the lawsuit — which was filed by Jewish students attending the school – contains a 111-page amended complaint that “sets out a wide variety of general allegations, complaints, historical and current events, and alleged antisemitic incidents that allegedly took place not just on Penn’s campus, but elsewhere in the United States and the world.” 

“The amended complaint also includes sweeping allegations of ideological, philosophical, religious, and political concerns and grievances, that have nothing to do with a federal lawsuit,” he declared this week. “After review of Plaintiffs’ amended complaint, I find that it fails to sufficiently allege the facts necessary to plausibly state viable claims under Title VI, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and for breach of contract.” 

“While Plaintiffs spend an inordinate amount of space expounding on long-past injustices and incidents, some dating as far back as 1993, and complaining that Penn did not take the actions or respond to their reports, letters, or emails in the manner which Plaintiffs wanted, Plaintiffs have failed to plead any facts showing either intentional discrimination or deliberate indifference on the part of Penn,” Goldberg continued. 

An encampment was set up on the grounds of the University of Pennsylvania in April 2024. (Matthew Hatcher/AFP via Getty Images)

However, Goldberg also said that Penn has submitted “documentary evidence showing it has long had policies in place opposing antisemitism in all its forms on its campus,” which also “allegedly establish that since October 7, Penn has developed action plans to address and ‘combat’ antisemitism and the expression of religious and racial hatred on its campus, and has increased its security measures to ensure the safety and wellbeing of its Jewish students.” 

“Deliberate indifference is a very high bar and Plaintiffs’ dissatisfaction with Penn’s responses is not enough to establish there was an official decision by Penn to not remedy a Title VI violation and that this deliberate indifference effectively caused racial discrimination,” Goldberg ruled. 

Students and faculty of Drexel University and University of Pennsylvania march from City Hall to the University of Pennsylvania campus where they erected an encampment against the war in Gaza on April 25, 2024.  (Matthew Hatcher/AFP via Getty Images)

“I will, however, provide Plaintiffs one last opportunity to amend its complaint, but only as to the Title VI and breach of contract claims,” he also said.