In In re Claims of Avi Polischuk as Parent of D.P. v. Massapequa Union Free School District, (ED NY, Jan. 5, 2026), a New York federal magistrate judge recommended that the parent of a Jewish middle school student be allowed to move ahead with claims that the school ignored antisemitic actions directed at his son by other students. The court described the antisemitic incidents:
... D.P. was being harassed by another student, Defendant S.W. on the basis of his religion. Specifically, in the school lunchroom S.W. asked D.P. if he was Jewish and then yelled "Heil Hitler" at him.... This treatment escalated to a physical attack on November 9, 2023, during which S.W. stabbed D.P. multiple times with a pencil causing physical injuries and resulting in S.W.'s suspension for a "short" and "insufficient" period. ...
This assault, however, is not the only example of antisemitism within the District. As far back as 2017 a swastika and the word "Hitler" were spray painted on a public school.... On a separate occasion ...Plaintiff was told by another family that District students "hurled antisemitic statements" at their son, and despite the parents' complaints, the District did nothing.... Still another set of parents reported that when their daughter passed around her yearbook for signatures, it came back with a swastika on it.... A complaint was made by the parents and again nothing was done....
The magistrate judge concluded that plaintiff's allegations were sufficient to give rise to an Equal Protection claim under Section 1983 as well as to a claim under Title VI, under the New York State Human Rights Law, and a claim for negligence, but that municipalities are not liable for punitive damages for violations of these provisions.
