Case: Segev v. President and Fellows of Harvard College

COMPLAINT and Jury Demand against President and Fellows of Harvard College and Harvard University Police Department against Yoav Segev Filing fee: $ 405, receipt number AMADC-11128596 (Fee Status: Filing Fee paid), filed by Yoav Segev. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Certification of Related Case)(Brooks, Douglas) (Entered: 07/17/2025)

1 Civil Cover Sheet

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2 Category Form

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3 Exhibit Certification of Related Case

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ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (JKK) (Entered: 07/18/2025)

Summons Issued as to Harvard University Police Department, President and Fellows of Harvard College. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (KLM) (Entered: 07/18/2025)

Notice of Case Assignment

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Mark I. Pinkert, Jason B. Torchinsky, John J. Cycon, Erielle Davidson, Jared Bauman, and Jonathan Lienhard Filing fee: $ 750, receipt number AMADC-11147838 by Yoav Segev. (Attachments: # 1 Cert of Atty Pinkert, # 2 Cert of Atty Torchinsky, # 3 Cert of Atty Cycon, # 4 Cert of Atty Davidson, # 5 Cert of Atty Bauman, # 6 Cert of Atty Lienhard)(Brooks, Douglas) (Entered: 07/29/2025)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice Added Mark I. Pinkert, Jason B. Torchinsky, John J. Cycon, Erielle Davidson, Jared Bauman, and Jonathan Lienhard. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) (Entered: 07/29/2025)

Order on Motion for Leave to Appear

NOTICE of Appearance by Jason Brett Torchinsky on behalf of Yoav Segev (Torchinsky, Jason) (Entered: 07/30/2025)

NOTICE of Appearance by Mark Pinkert on behalf of Yoav Segev (Pinkert, Mark) (Entered: 07/30/2025)

NOTICE of Appearance by John Cycon on behalf of Yoav Segev (Cycon, John) (Entered: 07/30/2025)

NOTICE of Appearance by Jonathan Lienhard on behalf of Yoav Segev (Lienhard, Jonathan) (Entered: 07/30/2025)

NOTICE of Appearance by Jared Bauman on behalf of Yoav Segev (Bauman, Jared) (Entered: 08/04/2025)

NOTICE of Appearance by Erielle Davidson on behalf of Yoav Segev (Davidson, Erielle) (Entered: 08/05/2025)

AMENDED COMPLAINT Against President and Fellows of Harvard College; Harvard University Police Department, and against Meredith Weenick, Victor A Clay, filed by Yoav Segev. (Attachments: # 1 Civil Cover Sheet)(Pinkert, Mark) (Entered: 08/22/2025)

1 Civil Cover Sheet

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WAIVER OF SERVICE Returned Executed by Yoav Segev. President and Fellows of Harvard College waiver sent on 8/26/2025, answer due 10/27/2025. (Pinkert, Mark) (Entered: 08/29/2025)

WAIVER OF SERVICE Returned Executed by Yoav Segev. Harvard University Police Department waiver sent on 8/26/2025, answer due 10/27/2025. (Pinkert, Mark) (Entered: 08/29/2025)

WAIVER OF SERVICE Returned Executed by Yoav Segev. Meredith Weenick waiver sent on 8/28/2025, answer due 10/27/2025. (Pinkert, Mark) (Entered: 10/01/2025)

WAIVER OF SERVICE Returned Executed by Yoav Segev. Victor A Clay waiver sent on 8/28/2025, answer due 10/27/2025. (Pinkert, Mark) (Entered: 10/01/2025)

NOTICE of Appearance by Felicia H. Ellsworth on behalf of Victor A Clay, Harvard University Police Department, President and Fellows of Harvard College, Meredith Weenick (Ellsworth, Felicia) (Entered: 10/21/2025)

NOTICE of Appearance by Jacob Tuttle Newman on behalf of Victor A Clay, Harvard University Police Department, President and Fellows of Harvard College, Meredith Weenick (Tuttle Newman, Jacob) (Entered: 10/21/2025)

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Mark A. Kirsch Filing fee: $ 125, receipt number AMADC-11315221 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Mark A. Kirsch in Support)(Ellsworth, Felicia) (Entered: 10/22/2025)

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Gina Merrill Filing fee: $ 125, receipt number AMADC-11315235 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Gina Merrill in Support)(Ellsworth, Felicia) (Entered: 10/22/2025)

CORPORATE DISCLOSURE STATEMENT by President and Fellows of Harvard College identifying Corporate Parent No Corporate Parent for President and Fellows of Harvard College.. (Ellsworth, Felicia) (Entered: 10/22/2025)

Assented to MOTION for Leave to File / Modify Page Limit for Defendants' Motion to Dismiss by Victor A Clay, Harvard University Police Department, President and Fellows of Harvard College, Meredith Weenick.(Ellsworth, Felicia) (Entered: 10/22/2025)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 19 Motion for Leave to Appear Pro Hac Vice Added Mark A. Kirsch and granting 20 Motion for Leave to Appear Pro Hac Vice Added Gina Merrill. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (JAM) (Entered: 10/23/2025)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 22 Motion for Leave to File Document. Defendants may file a memorandum of up to twenty-five (25) pages. (RGS, law3) (Entered: 10/23/2025)

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

Order on Motion for Leave to File Document

MOTION to Dismiss Amended Complaint by Victor A Clay, Harvard University Police Department, President and Fellows of Harvard College, Meredith Weenick.(Ellsworth, Felicia) (Entered: 10/27/2025)

MEMORANDUM in Support re 25 MOTION to Dismiss Amended Complaint filed by Victor A Clay, Harvard University Police Department, President and Fellows of Harvard College, Meredith Weenick. (Ellsworth, Felicia) (Entered: 10/27/2025)

DECLARATION re 25 MOTION to Dismiss Amended Complaint by Victor A Clay, Harvard University Police Department, President and Fellows of Harvard College, Meredith Weenick. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ellsworth, Felicia) (Attachment 2 replaced on 10/28/2025) (TRM). (Entered: 10/27/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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NOTICE of Appearance by Rachel Craft on behalf of President and Fellows of Harvard College (Craft, Rachel) (Entered: 10/28/2025)

Assented to MOTION for Leave to File /Modify Page Limit and Extend Deadline for Plaintiff's Opposition to Defendants' Motion to Dismiss by Yoav Segev.(Pinkert, Mark) (Entered: 11/04/2025)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 29 Motion for Leave to File Document. Plaintiff may file an opposition of no more than twenty-five pages, due November 17, 2025. (RGS, law3) (Entered: 11/04/2025)

Order on Motion for Leave to File Document

Opposition re 25 MOTION to Dismiss Amended Complaint filed by Yoav Segev. (Pinkert, Mark) (Entered: 11/17/2025)

Assented to MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by Victor A Clay, Harvard University Police Department, President and Fellows of Harvard College, Meredith Weenick.(Ellsworth, Felicia) (Entered: 11/18/2025)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 32 Motion for Leave to File Document. Defendants may file a reply of no more than 10 pages by November 25, 2025. (RGS, law3) (Entered: 11/18/2025)

Order on Motion for Leave to File Document

REPLY MEMORANDUM in Support re 25 Motion to Dismiss filed by Victor A Clay, Harvard University Police Department, President and Fellows of Harvard College, Meredith Weenick. (Ellsworth, Felicia) Modified text on 11/25/2025 (SEC). (Entered: 11/25/2025)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 25 Motion to Dismiss.Plaintiff Yoav Segev brings this action against the President and Fellows of Harvard College (Harvard); Meredith Weenick, the Executive Vice President of Harvard; the Harvard University Police Department (HUPD); and Victor A. Clay, the former HUPD Chief of Police, based on their alleged indifference to his mistreatment in the wake of the October 7, 2023 attack by Hamas on the State of Israel. Defendants move to dismiss for failure to state a claim. For the following reasons, the court will allow defendants' motion. Deliberate Indifference (Count I)A deliberate indifference claim in an educational context has five elements: (1) the plaintiff was "subject[ed] to 'severe, pervasive, and objectively offensive'... harassment"; (2) the harassment "caused the plaintiff to be deprived of educational opportunities or benefits"; (3) the school "knew of the harassment"; (4) the harassment occurred "in its programs and activities"; and (5) the school "was deliberately indifferent to the harassment such that its response (or lack thereof) [was] clearly unreasonable in light of the known circumstances." Porto v. Town of Tewksbury, 488 F.3d 67, 74 (1st Cir. 2007). Segev fails at the first prong. He has not shown that he experienced severe and pervasive racial harassment. The main incident to which he points is an October 18, 2023, assault perpetrated on him during a "die-in" protest on campus. While the court does not condone an assault on a fellow student by campus protestors, nothing in the Amended Complaint plausibly supports the notion that his assailants' conduct was motivated by race-based antisemitism. At best, Segev notes that he was overtly wearing a blue bracelet symbolizing his support for Israel. But it is not clear that protestors understood the import of his bracelet or that, if they did, they were acting based on antisemitism rather than disagreement with the underlying political message. Stand With US Ctr. for Legal Just. v. Massachusetts Inst. of Tech., 158 F.4th 1, 18 (1st Cir. 2025) (rejecting the notion that anti-Zionist speech is "inherently antisemitic"). Segev cannot transform his assailants' anti-Israel sentiment into antisemitism based on their use of certain rhetoric -- for example, chants of "from the river to the sea." Am. Compl. 149. The relevant question is whether the protestors chanting these slogans viewed them as antisemitic. See Stand With US, 158 F.4th at 19 (rejecting the argument that chants such as "from the river to the sea, Palestine will be free" and "intifada revolution" established an antisemitic mindset without additional factual support suggesting the protestors construed them as such). Nothing in the Amended Complaint plausibly permits the inference that they did. Segev also cannot rely on the fact that other individuals were permitted to film the protest without official interference. He does not allege any factual support for his contention that any official failure to intervene in either circumstance was motivated by antisemitism. That other students and even some faculty members characterized events in a way that Segev viewed as inaccurate does not alter the calculus. Segev does not plausibly allege facts which would allow the court to reasonably infer that any misreporting by these students and faculty members was motivated by antisemitism, or more to the point, reflected any official policy fostered by defendants. It is a closer call whether antisemitism can be inferred from a college administrator's act of separating Jewish students from other students attending an event on campus and denoting them as "protestor" or "peaceful" (without appearing to take further action or deny anyone access to the event). The court need not decide the issue, however, because a single, isolated incident of antisemitism is insufficient to establish severe and pervasive harassment. The deliberate indifference claim accordingly is dismissed. Direct Discrimination (Count II)For similar reasons to those discussed above, nothing in the Amended Complaint plausibly establishes that any institutional mistreatment Segev may have experienced was motivated by antisemitism. The direct discrimination claim accordingly is dismissed. Contract (Counts III and IV)Even if Segev could establish the existence of a binding contract (the court is not convinced that he can, as most of the material he cites appears to be aspirational rather than contractual), he fails to plausibly allege any breach of that contract on the part of Harvard. He may have personally found Harvard's response to his grievances unsatisfying, but he does not identify any specific disciplinary measure that Harvard guaranteed but nonetheless failed to undertake. The contracts claims are accordingly dismissed. Section 1983 (Count VII)The Amended Complaint does not plausibly establish that any of the defendants acted under the color of state law with respect to the October 18 assault. At best, Segev relies on the fact that individual HUPD officers may be sworn for some purposes as special state police officers. See Mass. Gen. Laws, ch. 22C, § 63 (authorizing special officers to make arrests for criminal offenses committed on university property). However, he offers no evidence to support the proposition that the campus police were acting at the behest of the State at any relevant time here. See Commonwealth v. Leone, 386 Mass. 329, 336 (1982). The § 1983 claim is accordingly dismissed. (In any event, even if defendants could be considered state actors, Segev fails to come to grips with the fact that they would likely be immune from suit as State agents under the Eleventh Amendment.) Conspiracy (Counts V & VI)It follows from the above that nothing in the Amended Complaint plausibly establishes the existence of a conspiracy to deprive Segev of his rights. The conspiracy claims accordingly are dismissed. OrderThe case is dismissed without prejudice against all defendants for failure to state a claim. (RGS, law3) (Entered: 12/04/2025)

Order on Motion to Dismiss

Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 12/05/2025)