The unchecked spread of alleged anti-Semitism at a New York middle school has led to a federal lawsuit demanding urgent court intervention. On September 16, 2024, Avi Polischuk filed a complaint in the United States District Court for the Eastern District of New York against the Massapequa Union Free School District and associated entities.
The case centers around allegations that Berner Middle School has allowed an environment of anti-Semitic harassment and violence to fester, particularly after the October 7, 2023 Hamas attacks. The plaintiff's son, D.P., has reportedly been subjected to verbal abuse and physical assault by another student, S.W., who allegedly made statements like "Heil Hitler" and stabbed D.P. with a pencil on November 9, 2023. Despite longstanding issues dating back to at least 2017 when swastikas and "Hitler" were spray-painted at another school in the district, the administration has allegedly failed to take meaningful action.
The complaint argues that this negligence violates multiple laws including federal civil rights statutes (42 U.S.C. § 1983), Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), and state human rights laws. The plaintiffs claim that Jewish students are forced to hide their identities to avoid discrimination and violence, thereby infringing upon their constitutional rights under the Equal Protection Clause and Free Exercise Clause.
Plaintiffs seek various forms of relief including injunctive measures requiring the enforcement of anti-discrimination policies, mandatory training on anti-Semitism for staff and students, and a zero-tolerance policy for such behavior. They also demand $15 million in damages along with punitive damages and attorney fees.
Representing the plaintiffs is Ethan D. Irwin from The Irwin Law Firm PLLC. Case ID: 2:24-cv-06489.