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Sunday, December 1, 2024

Petition to Dismiss

As blog readers will know, UCLA is under a temporary injunction stemming from last spring's encampment and protests. Last Monday, UCLA asked the court to dismiss claims against individual defendants in the underlying lawsuit (Michael Drake, Gene Block, Darnell Hunt, Michael Beck, Monroe Gorden, Jr.) on grounds - among others - that as government employees, they have immunity in carrying out their duties. Separately, UCLA asked that claims against Rick Braziel be dismissed on the grounds that the encampment was removed before he was appointed. 

Nothing about this petition appeared on the UCLA Newsroom website, but - of course - word gets out, even when filings occur on the week of Thanksgiving.

The petition to dismiss the claims is at:

https://ia600402.us.archive.org/9/items/2-final-hjaa-report.-the-soil-beneath-the-encampments/UCLA%202024-11-26-108-01-Defs-Memorandum-of-Points-and-Authorities-in-Support-of-Motion-for-Judgement.pdf.

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As we noted in a blog post on Nov. 28, to the degree that UCLA and UC have responsibility for what occurs in student government and the entities it funds, there are serious issues as to whether the university is in compliance with state and federal law antidiscrimination law, let alone the fall temporary injunction.* Student government is funded with fees collected by the university and is given special recognition and privilege by the university. Rather than leaving it to litigation - always a blunt and uncertain route - to resolve the issues at hand, it would be better for UCLA and UC to reach a settlement with the plaintiffs.

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*https://uclafacultyassociation.blogspot.com/2024/11/not-good-way-to-end-fall-quarter.html. Since our posting, the Daily Bruin has picked up the student-government story:

https://dailybruin.com/2024/11/29/usac-cultural-affairs-commissioner-faces-allegation-of-antisemitic-discrimination.

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