Case: University at Buffalo Young Americans for Freedom v. University at Buffalo Student Association Inc.

1:23-cv-00480 | U.S. District Court for the Western District of New York

Filed Date: June 1, 2023

Case Ongoing

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Case Summary

This case is about a constitutional challenge to the University at Buffalo for derecognition of a student chapter of a national organization. On June 1, 2023, the University at Buffalo Young Americans for Freedom student organization and three named student plaintiffs (the student organization president and two members of the executive board) sued the University at Buffalo Student Association, the Vice President for Student Life, the Interim Dean of Students, and the Director of Student Engagem…

This case is about a constitutional challenge to the University at Buffalo for derecognition of a student chapter of a national organization.

On June 1, 2023, the University at Buffalo Young Americans for Freedom student organization and three named student plaintiffs (the student organization president and two members of the executive board) sued the University at Buffalo Student Association, the Vice President for Student Life, the Interim Dean of Students, and the Director of Student Engagement at the University. In their complaint, plaintiffs took issue with the University’s “Student Club and Organization University-Wide Recognition Policy,” which required that a student group receive recognition from a “University Recognizing Agent” to become recognized and receive University benefits. In 2023, the University’s Student Association revised the policy to mandate that, barring some exceptions, no student organization which is a chapter of an outside organization would be recognized. The University at Buffalo Young Americans for Freedom chapter had met the requirements of this University policy since 2017, but lost recognition under the 2023 policy revision, losing University benefits and funding that student organizations were normally entitled to. Plaintiffs alleged that the policy change occurred shortly after they hosted a controversial political speaker on campus, and that the Student Body President alluded to making the change to target plaintiffs.

Plaintiffs alleged that the change in the University policies governing student organization was adopted because of plaintiffs’ association with Young America’s Foundation, a nonprofit conservative-leaning youth organization, and was intended to limit their ability to communicate on campus. Plaintiffs sued under 42 U.S.C. § 1983, setting forth that defendants' actions violated the First and Fourteenth Amendments, violating plaintiffs’ right to expressive association, freedom of speech, and right to assembly. Plaintiffs sought injunctive and declaratory relief, as well as nominal damages. The case was eventually assigned to the Honorable Lawrence J. Vilardo.

Plaintiffs filed a motion for preliminary injunction on June 26, 2023. The defendant University Student Association then removed the ban on nationally affiliated student organizations, replacing it with a requirement that student organization leaders give up certain legal rights (the student organization’s right to file a lawsuit, to exist as a legal entity under state law, to have financial accounts as an organization, and enter into agreements with other organizations). Plaintiffs withdrew the motion for a preliminary injunction shortly thereafter to amend their complaint. On July 26, 2023, plaintiffs filed their amended complaint, laying out the above details on the most recent Student Association policy change and re-alleging that such conduct still violates the First and Fourteenth Amendments by still imposing an unconstitutional barrier, requiring plaintiffs to give up certain rights.

On September 8, 2023, defendants filed a motion to dismiss the amended complaint, alleging failure to state a cognizable claim as the University had amended its policy. Plaintiffs indicated their intent to file a second amended complaint in response, which they did on December 5. There, the plaintiffs added additional specificity to their complaint which broke out into two broad claims: (1) first re-alleging their claims against the University for the national affiliation ban targeting defendants (“National Affiliation Ban”) and (2) alleging that the revisions simply imposed different requirements, requiring plaintiffs to give up their legal rights, accomplishing the same objectives (“Legal Ban”). Plaintiffs further alleged that the revised University policy requires signees to certify they give up their legal right to sue to gain University recognition: As the plaintiffs had already commenced this action, they were unable to sign the form certifying their compliance. In addition, plaintiffs added more detail as to harms suffered, such as difficulty in scheduling expressive events on campus and procuring supplies for projects, or potentially at risk, such as incorporation with the Student Association which would require plaintiffs to associate with other student organizations whose political and social beliefs are at odds with Young Americans for Freedom.

Defendants filed a new motion to dismiss on January 2, 2024. Defendants argued that claims regarding the actions of State University of New York at Buffalo employees who are acting in their official capacity are barred by sovereign immunity under the Eleventh Amendment. Defendants also set forth that plaintiffs’ second amended complaint still failed to set forth facts sufficient to support their claims of First Amendment violations, therefore failing to state a cause of action, and that the revised University policy on student organizations essentially mooted any claims that plaintiffs had.

On March 22, 2024, plaintiffs filed a motion for preliminary injunction, seeking to enjoin defendants from enforcing their new policy which would prohibit the recognition of plaintiffs as a student organization at the University and therefore continue to deny University benefits. Defendants filed a memorandum in opposition, arguing that plaintiffs are not entitled to preliminary injunction as they had not adequately demonstrated likelihood of success on the merits of their claims and moreover, have not shown irreparable harm – requirements to succeed on such a plea for injunctive relief.

On June 20, 2024, one named plaintiff voluntarily dismissed all claims he brought in the action, removing himself from the suit, in order to pursue a career in the United States Navy. The court accordingly terminated the individual as a party to the action.

On December 15, 2024, the court came out with its decision, granting defendants’ motion to dismiss and therefore denying plaintiffs’ preliminary injunction motion. The court concluded that it lacked subject-matter jurisdiction over the asserted claims, that plaintiffs failed to state a claim, and that plaintiffs lacked standing in the first instance. With respect to the National Affiliation Ban, the court found that the plaintiffs’ claims based on the National Affiliation Ban were moot since the University had revised its policy, and did not demonstrate a sufficiently particularized and concrete injury to claim damages from that claim. The court found that even if the University’s revised policy violated plaintiffs’ First Amendment rights, that presented a “substantially different controversy” from the National Affiliation Ban, involving different mechanisms and issues. Turning then to the Legal Status Ban claims, the court held that claims of free speech and expressive association brought by student groups is appropriately analyzed under limited public forum precedents, not strict scrutiny, as the right to expressive association and free speech in the student organization context are inextricably intertwined. Applying this analysis, the court held that the policies at issue were adequately viewpoint neutral and reasonable to survive. The court also held that with respect to any claims the plaintiffs brought against the Student Association policies for their broad discretion on student organization recognition, plaintiffs lack standing as they failed to satisfy the requirements of the revised University student organization policy by bringing suit and, from the allegations of their complaint, seem likely to not come into compliance with the University policy. As such, the court dismissed all claims, and closed the matter. No appeal has been filed with the Second Circuit as of March 6, 2025.

This case appears closed.

Summary Authors

Keren Yi (3/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67466501/parties/university-at-buffalo-young-americans-for-freedom-v-university-at-buffalo/

Judge(s)

Attorney for Plaintiff

Barham, Travis C. (New York)

Dalton, Jonathan Caleb (New York)

Attorney for Defendant

Cummings, Ryan K. (New York)

Feeley, Michael T. (New York)

Judge(s)

Vilardo, Lawrence Joseph (New York)

Attorney for Plaintiff

Barham, Travis C. (New York)

Dalton, Jonathan Caleb (New York)

Kitchen, Denis A. (New York)

Langhofer, Tyson Charles (New York)

Spena, Paul Logan (New York)

Attorney for Defendant

Cummings, Ryan K. (New York)

Feeley, Michael T. (New York)

Pantzer, Alyssa Jordan (New York)

Saykin, Aaron M. (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:23-cv-00480	Verified Complaint	June 1, 2023	June 1, 2023 Complaint
21 1:23-cv-00480	First Amended Verified Complaint	July 26, 2023	July 26, 2023 Complaint
37 1:23-cv-00480	Second Amended Verified Complaint	Dec. 5, 2023	Dec. 5, 2023 Complaint
57 1:23-cv-00480	Plaintiffs Jacob Cassidy's Notice of Voluntary Dismissal	June 20, 2024	June 20, 2024 Pleading / Motion / Brief
59 1:23-cv-00480	Decision and Order	Dec. 15, 2024	Dec. 15, 2024 Order/Opinion 2024 WL 5119779

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/67466501/university-at-buffalo-young-americans-for-freedom-v-university-at-buffalo/

Last updated Aug. 30, 2026, 4:36 a.m.

Docket for: University at Buffalo Young Americans for Freedom v. University at Buffalo Student Association Inc.

ECF Number	Date	Description	Link
1	June 1, 2023	COMPLAINT against All Defendants $ 402 receipt number ANYWDC-4889830, filed by Justin Hill, Jacob Cassidy, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons to University at Buffalo Student Association Inc., # 6 Summons to B. Hamluk, # 7 Summons to E. Lidano, # 8 Summons to P. Floro)(Kitchen, Denis) (Entered: 06/01/2023) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Civil Cover Sheet View on PACER 5 Summons to University at Buffalo Student Association Inc. View on PACER 6 Summons to B. Hamluk View on PACER 7 Summons to E. Lidano View on PACER 8 Summons to P. Floro View on PACER	Clearinghouse
2	June 2, 2023	Summons Issued as to Phyllis Floro, Brian Hamluk, Elizabeth Lidano, University at Buffalo Student Association Inc. (TMK) (Entered: 06/02/2023)	RECAP
	June 2, 2023	Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)
	June 2, 2023	AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
	June 2, 2023	Notice of Availability of Magistrate Judge
	June 2, 2023	Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TMK)
	June 2, 2023	Automatic Referral to Mediation
	June 2, 2023	Case Assigned/Reassigned
3	June 5, 2023	MOTION to appear pro hac vice for Tyson C. Langhofer ( Filing fee $ 200 receipt number ANYWDC-4891364.) by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Petition for Admission, # 2 Admission Sponsor Affidavit, # 3 Attorney's Oath, # 4 Civility Principles and Guidelines Oath, # 5 Attorney Database & ECF Registration Form)(Kitchen, Denis) (Entered: 06/05/2023)	RECAP
4	June 5, 2023	MOTION to appear pro hac vice for Jonathan Caleb Dalton ( Filing fee $ 200 receipt number ANYWDC-4891377.) by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Admission Petition Form, # 2 Admission Sponsor Affidavit, # 3 Attorney's Oath, # 4 Civility Principles and Guidelines Oath, # 5 Attorney Database & ECF Registration Form)(Kitchen, Denis) (Entered: 06/05/2023)	RECAP
5	June 6, 2023	TEXT ORDER granting 3 Motion for Pro Hac Vice admission of Tyson C. Langhofer. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/6/2023. (KEF)Clerk to Follow up (Entered: 06/06/2023)	RECAP
6	June 6, 2023	TEXT ORDER granting 4 Motion for Pro Hac Vice admission of Jonathan C. Dalton. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/6/2023. (KEF)Clerk to Follow up (Entered: 06/06/2023)	RECAP
7	June 6, 2023	SUMMONS Returned Executed by Justin Hill, Jacob Cassidy, Amelia Slusarz, University at Buffalo Young Americans for Freedom. Phyllis Floro served on 6/5/2023, answer due 6/26/2023. (Kitchen, Denis) (Entered: 06/06/2023)	RECAP
8	June 6, 2023	SUMMONS Returned Executed by Justin Hill, Jacob Cassidy, Amelia Slusarz, University at Buffalo Young Americans for Freedom. Brian Hamluk served on 6/5/2023, answer due 6/26/2023. (Kitchen, Denis) (Entered: 06/06/2023)	RECAP
9	June 6, 2023	SUMMONS Returned Executed by Justin Hill, Jacob Cassidy, Amelia Slusarz, University at Buffalo Young Americans for Freedom. Elizabeth Lidano served on 6/5/2023, answer due 6/26/2023. (Kitchen, Denis) (Entered: 06/06/2023)	RECAP
10	June 6, 2023	SUMMONS Returned Executed by Justin Hill, Jacob Cassidy, Amelia Slusarz, University at Buffalo Young Americans for Freedom. University at Buffalo Student Association Inc. served on 6/5/2023, answer due 6/26/2023. (Kitchen, Denis) (Entered: 06/06/2023)	RECAP
11	June 20, 2023	NOTICE of Appearance by Ryan K. Cummings on behalf of University at Buffalo Student Association Inc. (Cummings, Ryan) (Entered: 06/20/2023)	RECAP
12	June 20, 2023	NOTICE of Appearance by Aaron M. Saykin on behalf of University at Buffalo Student Association Inc. (Saykin, Aaron) (Entered: 06/20/2023)	RECAP
13	June 21, 2023	NOTICE Concerning Waiver of Judicial Disqualification: Judge Sinatra is recused in this case because partners at his former law firm, Hodgson Russ, serve as trustees of a defined benefit plan that will pay Judge Sinatra a pension benefit upon retirement. That future pension benefit does not depend on Hodgson Russ for its viability, and investment decisions are made by an independent professional. This disqualification is subject to remittal by the parties: the judge may participate in this case if, in light of this disclosure, the parties and their lawyers have an opportunity to confer outside the presence of the judge, all agree in writing or on the record that the judge should not be disqualified, and the judge is then willing to participate. Any such remittal agreement should be incorporated in the record of the proceeding. ACTION REQUIRED: Parties waiving recusal shall mail a letter (sample attached) to the Clerk of Court, US District Court for the Western District of New York, 2 Niagara Square, Buffalo, NY 14202. Clerk to Follow-Up (TMK) (Entered: 06/21/2023)	RECAP
14	June 22, 2023	STIPULATION EXTENDING TIME TO ANSWER, MOVE AND/OR RESPOND TO COMPLAINT by University at Buffalo Student Association Inc.. (Saykin, Aaron) (Entered: 06/22/2023)	RECAP
15	June 26, 2023	MOTION for Preliminary Injunction by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Memorandum in Support, # 2 Notice of Motion, # 3 Verified Complaint, # 4 Witness and Exhibit List, # 5 Text of Proposed Order)(Dalton, Jonathan) (Entered: 06/26/2023)	RECAP
16	June 27, 2023	NOTICE Concerning Dkt. 13 (Notice Concerning Waiver of Judicial Disqualification) and Dkt. 15 (Motion for Preliminary Injunction): In light of the time-sensitive motion filed by Plaintiffs, this case will be reassigned to another district judge for scheduling and disposition of the preliminary injunction, and for all other purposes, UNLESS BY 12:00 P.M. ON JUNE 28, 2023, all parties who have appeared notify the clerks office only that they have already mailed, or intend to mail, a remittal letter waiving disqualification. Such notification to the clerks office shall be by e-mail to: CMECF_Support@nywd.uscourts.gov. Such email responses, or the lack thereof, will be treated in accordance with the process detailed in Dkt. 13. (LB) (Entered: 06/27/2023)	RECAP
17	June 27, 2023	STIPULATION re 1 Complaint, extending time to answer, move and/or respond to the complaint by Phyllis Floro, Brian Hamluk, Elizabeth Lidano. (Russo, Michael) (Entered: 06/27/2023)	RECAP
	June 28, 2023	TEXT ORDER transferring the case from Hon. John L. Sinatra to the Hon. Lawrence J. Vilardo due to a recusal. Signed by Mary C. Loewenguth, Clerk of Court on 6/28/2023. (TMK)
	June 28, 2023	Case Assigned/Reassigned
18	June 30, 2023	TEXT ORDER: The stipulation filed by the defendants, Docket Item 17, extending the defendants' time to answer, move against, or otherwise respond to the complaint until 7/26/2023 is SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/30/2023. (DJ) (Entered: 06/30/2023)	RECAP
19	July 7, 2023	NOTICE by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom re 15 MOTION for Preliminary Injunction Withdrawal (Dalton, Jonathan) (Entered: 07/07/2023)	RECAP
20	July 10, 2023	TEXT ORDER: In light of the plaintiffs' notice of withdrawal of their motion for a preliminary injunction, Docket Item 19, the plaintiffs' motion for a preliminary injunction, Docket Item 15, is DENIED as moot. So ordered. Issued by Hon. Lawrence J. Vilardo on 7/10/2023. (DJ) (Entered: 07/10/2023)	RECAP
21	July 26, 2023	AMENDED COMPLAINT against Phyllis Floro, Brian Hamluk, Elizabeth Lidano, University at Buffalo Student Association Inc., filed by Justin Hill, Jacob Cassidy, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Dalton, Jonathan) (Entered: 07/26/2023) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP	Clearinghouse
22	Aug. 7, 2023	STIPULATION Extending Time to Answer, Move, and/or Respond to Complaint by University at Buffalo Student Association Inc.. (Saykin, Aaron) (Entered: 08/07/2023)	RECAP
23	Aug. 7, 2023	TEXT ORDER: The stipulation filed by the University at Buffalo Student Association, Inc., Docket Item 22, extending the defendants' time to answer or otherwise respond to the amended complaint to 9/8/2023 is SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/7/2023. (DJ) (Entered: 08/07/2023)	RECAP
24	Sept. 8, 2023	MOTION to Dismiss the Amended Complaint under Rules 12(b)(1) and 12(b)(6) by University at Buffalo Student Association Inc.. Responses due by 9/22/2023. (Attachments: # 1 Declaration of Becky Paul Odionhin, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Declaration of Aaron M. Saykin, Esq., # 7 Exhibit A, # 8 Memorandum in Support of UB Student Association's Motion to Dismiss)(Saykin, Aaron) (Entered: 09/08/2023)	RECAP
25	Sept. 8, 2023	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Phyllis Floro, Brian Hamluk, Elizabeth Lidano. (Attachments: # 1 Memorandum in Support Memorandum of Law, # 2 Affidavit Affirmation in support, # 3 Exhibit A to Declaration, # 4 Exhibit B to Declaration, # 5 Exhibit C to Declaration, # 6 Exhibit D to Declaration, # 7 Certificate of Service)(Feeley, Michael) (Entered: 09/08/2023)	RECAP
26	Sept. 18, 2023	STIPULATION re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 24 MOTION to Dismiss the Amended Complaint under Rules 12(b)(1) and 12(b)(6), 21 Amended Complaint, by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Dalton, Jonathan) (Entered: 09/18/2023)	RECAP
27	Sept. 19, 2023	TEXT ORDER: The stipulation establishing the plaintiffs' deadlines to move to amend the complaint or respond to the motions to dismiss, Docket Item 26, is SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/19/2023. (DJ) (Entered: 09/19/2023)	RECAP
28	Oct. 5, 2023	MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-4993595.) by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Motion for Pro Hac Vice, # 2 Admission Petition Form, # 3 Admission Sponsor Affidavit, # 4 Attorney Oath, # 5 Civility Principles and Guidelines Oath, # 6 Attorney Database and ECF Registration Form)(Kitchen, Denis) (Entered: 10/05/2023)	RECAP
29	Oct. 6, 2023	MOTION to Amend/Correct 21 Amended Complaint, by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Notice of Motion for Leave to File Second Amended Verified Complaint, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Text of Proposed Order Proposed Order, # 16 Memorandum in Support Brief In Support of Motion for Leave to File Second Amended Verified Complaint)(Dalton, Jonathan) (Entered: 10/06/2023) 1 Notice of Motion for Leave to File Second Amended Verified Complaint View on RECAP 2 Exhibit Exhibit 1 View on RECAP 3 Exhibit Exhibit 2 View on RECAP 4 Exhibit Exhibit 3 View on RECAP 5 Exhibit Exhibit 4 View on RECAP 6 Exhibit Exhibit 5 View on RECAP 7 Exhibit Exhibit 6 View on RECAP 8 Exhibit Exhibit 7 View on RECAP 9 Exhibit Exhibit 8 View on RECAP 10 Exhibit Exhibit 9 View on RECAP 11 Exhibit Exhibit 10 View on RECAP 12 Exhibit Exhibit 11 View on RECAP 13 Exhibit Exhibit 12 View on RECAP 14 Exhibit Exhibit 13 View on RECAP 15 Text of Proposed Order Proposed Order View on RECAP 16 Memorandum in Support Brief In Support of Motion for Leave to File Second Amende View on RECAP	RECAP
30	Oct. 6, 2023	TEXT ORDER granting 28 Motion for Pro Hac Vice Admission for Travis C. Barham, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/6/2023. (CMD)This was mailed to: Travis C. Barham, Esq.Clerk to Follow up (Entered: 10/10/2023)	RECAP
31	Oct. 19, 2023	STIPULATION Establishing Deadlines for Submissions Regarding Plaintiffs' Motion for Leave to File a Second Amended Complaint by University at Buffalo Student Association Inc.. (Saykin, Aaron) (Entered: 10/19/2023)	RECAP
32	Oct. 20, 2023	TEXT ORDER the stipulation establishing deadlines for submissions regarding the plaintiffs' motion for leave to file a second amended complaint, Docket Item 31, is SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/20/2023. (DJ) (Entered: 10/20/2023)	RECAP
33	Nov. 2, 2023	DECLARATION re 29 MOTION to Amend/Correct 21 Amended Complaint, filed by Elizabeth Lidano, Brian Hamluk, Phyllis Floro filed by Elizabeth Lidano, Brian Hamluk, Phyllis Floro. (Feeley, Michael) (Entered: 11/02/2023)	RECAP
34	Nov. 2, 2023	MEMORANDUM in Opposition re 29 MOTION to Amend/Correct 21 Amended Complaint, filed by University at Buffalo Student Association Inc.. (Saykin, Aaron) (Entered: 11/02/2023)	RECAP
35	Nov. 17, 2023	REPLY to Response to Motion re 29 MOTION to Amend/Correct 21 Amended Complaint, filed by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Barham, Travis) (Entered: 11/17/2023)	RECAP
36	Nov. 28, 2023	TEXT ORDER GRANTING the plaintiffs' motion, Docket Item 29, for leave to amend. Second amended complaint due by 12/5/2023. In light of the motion to amend, the pending motions to dismiss, Docket Items 24 and 25, are DENIED without prejudice as moot. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/28/2023. (DJ) (Entered: 11/28/2023)	RECAP
37	Dec. 5, 2023	AMENDED COMPLAINT 2nd Amended Complaint against All Defendants, filed by Justin Hill, Jacob Cassidy, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Barham, Travis) (Entered: 12/05/2023) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER	Clearinghouse
38	Dec. 18, 2023	STIPULATION Establishing Deadlines to Move to Dismiss the Second Amended Complaint and for Opposition and Replies to the Motion by University at Buffalo Student Association Inc.. (Saykin, Aaron) (Entered: 12/18/2023)	RECAP
39	Dec. 19, 2023	TEXT ORDER: The stipulation, Docket Item 38, establishing deadlines to move to dismiss the second amended complaint and for opposition and replies to the motion is ordered. Motion to dismiss due by 1/3/2024. Response due by 2/23/2024. Reply due by 3/15/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/19/2023. (DJ) (Entered: 12/19/2023)	RECAP
40	Jan. 2, 2024	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tomas Aguirre, Phyllis Floro, Brian Hamluk. (Attachments: # 1 Memorandum in Support Memorandum of Law, # 2 Affidavit Affirmation in support, # 3 Exhibit A to Declaration, # 4 Exhibit B to Declaration, # 5 Exhibit C to Declaration, # 6 Exhibit D to Declaration, # 7 Certificate of Service)(Feeley, Michael) (Entered: 01/02/2024) 1 Memorandum in Support Memorandum of Law View on RECAP 2 Affidavit Affirmation in support View on RECAP 3 Exhibit A to Declaration View on PACER 4 Exhibit B to Declaration View on PACER 5 Exhibit C to Declaration View on PACER 6 Exhibit D to Declaration View on RECAP 7 Certificate of Service View on PACER	RECAP
41	Jan. 3, 2024	MOTION to Dismiss the Second Amended Complaint under Rules 12(b)(1) and 12(b)(6) by University at Buffalo Student Association Inc.. Responses due by 2/23/2024. (Attachments: # 1 Declaration of Becky Paul Odionhin, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Declaration of Aaron M. Saykin, Esq., # 7 Exhibit A, # 8 Memorandum in Support of UB Student Association's Motion to Dismiss)(Saykin, Aaron) (Entered: 01/03/2024) 1 Declaration of Becky Paul Odionhin View on RECAP 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Declaration of Aaron M. Saykin, Esq. View on PACER 7 Exhibit A View on PACER 8 Memorandum in Support of UB Student Association's Motion to Dismiss View on RECAP	RECAP
42	Feb. 23, 2024	RESPONSE in Opposition re 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Barham, Travis) (Entered: 02/23/2024)	RECAP
43	Feb. 23, 2024	RESPONSE in Opposition re 41 MOTION to Dismiss the Second Amended Complaint under Rules 12(b)(1) and 12(b)(6) filed by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Barham, Travis) (Entered: 02/23/2024)	RECAP
44	March 13, 2024	MEMORANDUM in Support re 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tomas Aguirre, Phyllis Floro, Brian Hamluk. (Attachments: # 1 Certificate of Service)(Feeley, Michael) (Entered: 03/13/2024) 1 Certificate of Service View on PACER	RECAP
45	March 14, 2024	REPLY/RESPONSE to re 41 MOTION to Dismiss the Second Amended Complaint under Rules 12(b)(1) and 12(b)(6) filed by University at Buffalo Student Association Inc.. (Saykin, Aaron) (Entered: 03/14/2024)	RECAP
46	March 22, 2024	MOTION for Preliminary Injunction by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Memorandum in Support of Plaintiffs' Preliminary Injunction Motion, # 2 Notice of Preliminary Injunction Motion, # 3 Declaration of Justin Hill in Support of Plaintiffs' Preliminary Injunction Motion, # 4 Declaration of Travis C. Barham in Support of Plaintiffs' Preliminary Injunction Motion, # 5 Plaintiffs' List of Witnesses and Exhibits to be Presented at Preliminary Injunction Hearing, # 6 Text of Proposed Order Granting Plaintiffs' Preliminary Injunction Motion)(Barham, Travis) (Entered: 03/22/2024) 1 Memorandum in Support of Plaintiffs' Preliminary Injunction Motion View on PACER 2 Notice of Preliminary Injunction Motion View on PACER 3 Declaration of Justin Hill in Support of Plaintiffs' Preliminary Injunction View on PACER 4 Declaration of Travis C. Barham in Support of Plaintiffs' Preliminary Injun View on PACER 5 Plaintiffs' List of Witnesses and Exhibits to be Presented at Preliminary View on PACER 6 Text of Proposed Order Granting Plaintiffs' Preliminary Injunction Motion View on PACER	RECAP
47	March 25, 2024	TEXT ORDER re 46 MOTION for a preliminary injunction. Response(s) due 4/8/2024. Reply due 4/15/2024. ORAL ARGUMENT on the pending motions, Docket Items 40, 41, and 46, set for 4/26/2024 at 10:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/25/2024. (CRT) (Entered: 03/25/2024)	RECAP
	March 25, 2024	Set Hearings
	March 25, 2024	Oral Argument set for 4/26/2024 10:30 AM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. (CRT)
48	March 27, 2024	Letter filed by University at Buffalo Student Association Inc. . (Saykin, Aaron) (Entered: 03/27/2024)	RECAP
49	March 28, 2024	TEXT ORDER granting the request for an extension of time, Docket Item 48 . Defendants' response to the motion for a preliminary injunction due by 4/10/2024. Plaintiff's reply due by 4/17/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/28/2024. (DJ) (Entered: 03/28/2024)	RECAP
50	April 5, 2024	MOTION to appear pro hac vice on behalf of Paul Logan Spena ( Filing fee $ 200 receipt number ANYWDC-5148688.) by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Admission Petition Form, # 2 Admission Sponsoring Affidavit, # 3 Attorney's Oath, # 4 Civility Principles and Guidelines Oath, # 5 Attorney Database & ECF Registration Form)(Kitchen, Denis) (Entered: 04/05/2024)	RECAP
51	April 10, 2024	MEMORANDUM in Opposition re 46 MOTION for Preliminary Injunction filed by Tomas Aguirre, Phyllis Floro, Brian Hamluk. (Attachments: # 1 Certificate of Service)(Feeley, Michael) (Entered: 04/10/2024) 1 Certificate of Service View on PACER	RECAP
52	April 10, 2024	MEMORANDUM IN OPPOSITION re 46 MOTION for Preliminary Injunction by University at Buffalo Student Association Inc.. (Attachments: # 1 Declaration of Aaron M. Saykin, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 List of Witnesses and Exhibits to be Presented at Preliminary Injunction Hearing)(Saykin, Aaron) (Entered: 04/10/2024) 1 Declaration of Aaron M. Saykin, Esq. View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 List of Witnesses and Exhibits to be Presented at Preliminary Injunction Hearin View on PACER	RECAP
53	April 17, 2024	REPLY/RESPONSE to re 52 Memorandum in Opposition, 51 Memorandum in Opposition to Motion for Preliminary Injunction filed by Jacob Cassidy, Justin Hill, Amelia Slusarz, University at Buffalo Young Americans for Freedom. (Attachments: # 1 Declaration Second Declaration of J. Hill)(Barham, Travis) (Entered: 04/17/2024) 1 Declaration Second Declaration of J. Hill View on PACER	RECAP
54	April 23, 2024	TEXT ORDER granting 50 Motion for Pro Hac Vice on behalf of Paul Logan Spena, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/23/2024. (CMD)This was mailed to: Paul L. Spena, Esq. Clerk to Follow up (Entered: 04/24/2024)	RECAP
55	April 24, 2024	NOTICE of Appearance by Alyssa Jordan Pantzer on behalf of Tomas Aguirre, Phyllis Floro, Brian Hamluk (Pantzer, Alyssa) (Entered: 04/24/2024)	RECAP
56	April 26, 2024	Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re: Defendants' 40 41 Motions to Dismiss and 46 Plaintiffs' Motion for Preliminary Injunction held on 4/26/2024. Court reserved decision. Appearances. For plaintiffs: Paul Logan Spena, Travis C. Barham, Denis A. Kitchen, Jr., and Tyson C. Langhofer. For defendant UB Student Association: Aaron M. Saykin. For University Defendants: AAG Alyssa J. Pantzer. (Court Reporter Megan Pelker.) (CMD) (Entered: 04/26/2024)	RECAP
57	June 20, 2024	NOTICE of Voluntary Dismissal by Jacob Cassidy (Barham, Travis) (Entered: 06/20/2024)	Clearinghouse
58	June 20, 2024	TEXT ORDER: The notice of voluntary dismissal filed by plaintiff Jacob Cassidy, Docket Item 57, is ordered. The Clerk of the Court shall terminate Cassidy as a party to this action. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/20/2024. (DJ)Clerk to Follow up (Entered: 06/20/2024)	RECAP
59	Dec. 15, 2024	DECISION AND ORDER: For the reasons stated in the decision, the defendants' motions to dismiss the second amended complaint for lack of subject matter jurisdiction and failure to state a claim, Docket Items 40 and 41 , are GRANTED, and the plaintiffs' motion for a preliminary injunction, Docket Item 46 , is DENIED. The Clerk of the Court shall close this case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/15/2024. (CRT)Clerk to Follow up	Clearinghouse
60	Jan. 13, 2025	NOTICE OF APPEAL as to 59 Terminate Motions,, Decision and Order, by University at Buffalo Young Americans for Freedom, Justin Hill, Amelia Slusarz. Filing fee $ 605, receipt number ANYWDC-5375970. Appeal Record due by 1/14/2025. (Barham, Travis) (Entered: 01/13/2025)	RECAP
	Jan. 14, 2025	Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (CGJ)
	Jan. 14, 2025	Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (CGJ)
61	Jan. 27, 2025	DESIGNATION of Record on Appeal by University at Buffalo Young Americans for Freedom, Justin Hill, Amelia Slusarz re 60 Notice of Appeal, CLERK TO FOLLOW UP (Barham, Travis) (Entered: 01/27/2025)	RECAP
62	Jan. 28, 2025	CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re 61 DESIGNATION of Record on Appeal/Index (TMK) (Entered: 01/28/2025)	RECAP
63	Feb. 6, 2025	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument Proceedings held on 04/26/2024, before Judge Lawrence J. Vilardo. Court Reporter Megan E. Pelka, RPR, (716) 229-0880. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2025. Redacted Transcript Deadline set for 3/10/2025. Release of Transcript Restriction set for 5/7/2025. (MEP) (Entered: 02/06/2025)	RECAP
64	Dec. 2, 2025	MANDATE of USCA as to 60 Notice of Appeal, filed by University at Buffalo Young Americans for Freedom, Amelia Slusarz, Justin Hill. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. (TMK) (Entered: 12/17/2025)	RECAP

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Case Details

State / Territory:

New York

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: June 1, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are the University at Buffalo student organization chapter of the Young Americans for Freedom organization, and three named plaintiffs who are members of that chapter

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Other

University at Buffalo Interim Dean of Students

University at Buffalo Vice President for Student Life

University at Buffalo Director of Student Engagement

University at Buffalo Student Association

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Western District of New York 1:23-cv-00480

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

School/University policies

Recommended Citation

Case Summary of University at Buffalo Young Americans for Freedom v. University at Buffalo Student Association Inc., Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45625/ (last updated 3/6/2025).