A former UC San Diego graduate student who was arrested at a pro-Palestinian protest encampment has filed a lawsuit in which she alleges she was unlawfully arrested, then put through an “adversarial” disciplinary process by the school.
The lawsuit, filed in federal court on behalf of Emily Lucas, states she attended the May 2024 on-campus demonstration as a medic, rather than a protester, but was arrested with dozens of other people when police cleared the encampment five days after it began.
The lawsuit, against against San Diego County and the Regents of the University of California, alleges that officers did not assess whether she had committed any crime and “arrested her based solely on her presence in the encampment area.”
Once in jail, she was allegedly prevented from accessing her prescribed daily medication, despite appearing “clearly ill” and making repeated requests from jail staff to provide her with it.
Allegedly unsafe conditions after UCSD arrest
The lawsuit alleges she contracted Hepatitis A as a result of the “overcrowded, unsanitary, and unsafe” conditions within the jail “that increased the risk of transmission of communicable disease.”
Genevieve Jones-Wright, one of the attorneys representing Lucas, said San Diego County has routinely engaged in practices “that violate pre-trial detainees’ rights like our client, Ms. Lucas, subjecting them to crowded quarters in small, confined spaces where there are not hygienic practices or protocols.”
A spokesperson for San Diego County said they could not comment on pending litigation.
Lucas was released after 13 hours in custody and no criminal charges were filed against her.
She was however charged by UCSD for violations of its standards of conduct.
Her attorneys described the disciplinary proceedings that followed as a “quasi-criminal `trial”‘ in which she was not allowed to have her attorney participate, call witnesses or submit evidence on her behalf.
The lawsuit alleges the people in charge of the hearing were UCSD administrative staff and students who “lacked the training and authority typically associated with fair decision making in proceedings carrying significant consequences.”
She was found guilty of failure to comply and participation in an unlawful assembly and as a result placed on probation for a year and required to take a course on “practical decision making.” Additionally, attorneys say her diploma was withheld for nearly a year, which the attorneys allege cost her a potential professional opportunity because she could not provide proof of her degree.
UCSD responds
Kylee Belanger, another of Lucas’ attorneys, said in a statement, “When individuals are punished, endangered, or silenced through unlawful arrest and broken disciplinary systems, it raises serious constitutional concerns that demand judicial intervention.”
A UCSD spokesperson said in a statement, “While UC San Diego is unable to comment on pending litigation, dialogue, free speech and academic freedom are cornerstones of our university. We fully support the right to peacefully protest and express views on campus. Per the University of California guidelines on determining disciplinary action, all members of the UC community remain subject to all applicable laws and relevant codes of conduct.”
