A federal judge dismissed the Tampa Bay Students for a Democratic Society’s October lawsuit on Jan. 9 for failing to explain how the defendants were personally responsible for constitutional violations described in the file. ORACLE PHOTO/JULIA SAAD

A federal judge dismissed a lawsuit filed by the Tampa Bay Students for a Democratic Society against USF on Jan. 9 — marking the latest development in the legal dispute. 

The dismissal comes just three months after SDS filed a lawsuit that challenged disciplinary actions taken by USF after protests in support of Palestine on the Tampa campus in 2024.

In the lawsuit, SDS alleged that the university violated students’ First Amendment rights through protest restrictions and sanctions.

U.S. District Court Judge Steven D. Merryday, who serves the Middle District of Florida, dismissed the lawsuit and denied the group’s request for a preliminary injunction, according to the court order. 

The judge ruled the case did not clearly show how USF President Rhea Law, Director of Student Conduct and Ethical Development Melissa Graham and Dean of Students Danielle McDonald were responsible for the allegations.

Still, the court order allows SDS to amend and refile its complaint by Jan. 30, after which USF would be given a set timeline to respond. 

SDS’s legal team — represented by Collin Poirot, Andrew Stoll and Walker Smith IV — sent a statement to The Oracle saying the organization disagrees with the court’s decision to dismiss the case and said the lawsuit’s claims are “simple and undeniable.”

“We will be filing an amended complaint to make sure that [SDS’s] position and legal rights are made clear,” the legal team said.

Related: USF faces lawsuit from student group over protest sanctions 

In the lawsuit, SDS alleged that USF violated students’ First Amendment rights by imposing protest restrictions and sanctions related to their Palestinian activism.

From Apr. 29 to Apr. 30, 2024, SDS hosted protests in support of Palestine at the USF Tampa campus, where students set up an encampment near Martin Luther King Jr. Plaza during final exam week. 

University Police, Tampa Police and the Hillsborough County Sheriff’s Office dispersed the demonstration with tear gas and made multiple arrests after protesters remained past a 5 p.m. curfew imposed on Apr. 30.

After this, USF permanently revoked SDS’s status as a registered student organization, citing repeated violations of the Student Code of Conduct. 

These violations include encouraging others to violate university standards and disruptive conduct. 

Following the demonstrations, USF expelled two students — including former SDS president Victoria Hinckley, just one week before she was expected to graduate.

Joseph Charry, an international student from Colombia, lost his visa after his expulsion and was forced to leave the U.S.

USF also suspended two other SDS members — Saba Indawala and Vicky Tong.

At the time, SDS members said those sanctions resulted in lasting personal and academic consequences. 

Before the ruling, SDS asked the judge for a preliminary injunction to pause the sanctions while the case was ongoing, according to the court order.

Still, the judge denied the request — arguing the group did not provide sufficient grounds for the court to intervene.

To issue a preliminary injunction, the court must believe the plaintiffs are likely to win and would be seriously harmed without immediate action, according to the Legal Information Institute.

Related: USF students protest university ties to immigration enforcement 

In December 2024, SDS also filed a 59-page Title VI civil rights complaint against Law, McDonald and Graham for alleged discrimination based on national origin and association with Palestine. 

The university did not respond to the Title VI complaint. 

SDS’s legal team said USF’s actions toward the affected students have been “unconstitutional” and said SDS will hold the defendants accountable in court and on campus.

They said SDS will continue to fight for the right of its members and supporters to “advocate and organize” on campus. 

“We call on the USF administration to do the right thing and reinstate SDS and expunge the shameful, unconstitutional disciplinary charges and sanctions against its members,” the legal team said.