Kasowitz Secures Denial of Motion to Dismiss in Former Student’s Civil Rights Lawsuit Against Princeton University and Its Police Chief

Kasowitz Secures Denial of Motion to Dismiss in Former Student’s Civil Rights Lawsuit Against Princeton University and Its Police Chief

Kasowitz, on behalf of David Piegaro, a Jewish U.S. Army veteran and recent Princeton University graduate, secured the denial of Princeton University and Police Chief Kenneth E. Strother Jr.’s motion to dismiss Mr. Piegaro’s civil rights complaint.  Mr. Piegaro’s claims—which include First Amendment violations, unlawful arrest and imprisonment, excessive force, malicious prosecution, fabrication of evidence, and intentional infliction of emotional distress, among others—arise from an alleged unprovoked assault by Chief Strother during a campus protest.  The U.S. District Court for the District of New Jersey denied defendants’ motion nearly in full and permitted all causes of action to proceed.
 
According to the complaint, Mr. Piegaro was peacefully observing and documenting an antisemitic protest on campus when Chief Strother attacked him, dropped him down a flight of stone stairs, arrested him, and fabricated evidence to justify his arrest.  Princeton pursued criminal charges against Mr. Piegaro and banned him from campus.  Mr. Piegaro was ultimately acquitted of all charges.

The Court concluded that Mr. Piegaro had adequately pleaded that the defendants’ conduct was “extreme and outrageous.”  The Court emphasized the “distinct power imbalance” between Chief Strother and Mr. Piegaro.  The case will now proceed to discovery.
  
The Kasowitz team representing Mr. Piegaro includes partner Andrew L. Schwartz and associates Andrew C. Bernstein, Emily A. Lowe, Kathleen Kennedy, Dana Simcox, and Alison Whitney.