University of California Wins Dismissal in Yiannopoulos Protest Case

Munger, Tolles & Olson obtained the dismissal with prejudice of all the claims against the University of California and university officials in a $23 million lawsuit brought by a member of the public who was injured during violent protests against conservative commentator Milo Yiannopoulos at the University of California, Berkeley.

In a lawsuit filed in June 2017, the plaintiff alleged the university “willfully withheld” police protection before a planned speech by Mr. Yiannopoulos and left her vulnerable to a pepper spray attack by a third party. On Sept. 14, 2018, Judge Claudia Wilken of the U.S. District Court for the Northern District of California accepted the arguments made by the Munger, Tolles & Olson team and dismissed the claims with prejudice. The court concluded that the university was protected by Eleventh Amendment and statutory immunities, and that the university had no duty to protect the plaintiff from third parties.

Litigators Bradley S. Phillips, Bryan H. Heckenlively and Elizabeth A. Kim represented the University of California in the lawsuit.