Federal Court Strikes Historical Claims from CUNY Discrimination Lawsuit

On January 9, 2026, Plaintiff Avraham Goldstein filed his Third Amended Complaint in Goldstein v. CUNY, alleging he was employed as an assistant professor at the City University of New York’s Borough of Manhattan Community College. Goldstein, an Israeli citizen, Orthodox Jew, and Zionist, claimed he faced discrimination and retaliation after objecting to a campus program titled the "Palestinian Solidarity Series."

Goldstein’s complaint asserted claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), the New York City Human Rights Law (NYCHRL), and the New York Civil Rights Law (NYCRL). He also invoked 42 U.S.C. § 1983, alleging violations of his due process and equal protection rights.

Defendant Nadia A. Saleh moved to strike Paragraphs 34 through 46 of the Third Amended Complaint. These paragraphs outlined the historical origins of the state of Israel, tracing events from Biblical times through the Roman Empire to the present day. Judge Jeannette Vargas of the U.S. District Court for the Southern District of New York (S.D.N.Y.) granted the motion in full.

Legal Basis for the Ruling

The court relied on Federal Rule of Civil Procedure 12(f), which permits the striking of "any redundant, immaterial, impertinent, or scandalous matter" from a pleading. The judge cited precedent defining "immaterial" as having "no essential or important relationship to the claim for relief" and "impertinent" as statements that do not pertain to the disputed issues.

To succeed on a Rule 12(f) motion, a movant must demonstrate that: (1) no evidence in support of the allegations would be admissible; (2) the allegations have no bearing on the issues in the case; and (3) permitting the allegations to stand would result in prejudice to the movant. While motions to strike are disfavored, the court found that Defendant Saleh met the required high bar in this case.

Why Historical Claims Were Struck

The court ruled that evidence regarding the history of the Jewish state—including events from thousands of years ago—had no relevance to whether Goldstein was subjected to discrimination or retaliation based on his nationality or religion. Requiring the defendant to admit or deny allegations about historical events from 136 C.E. would serve no purpose in resolving the case.

Additionally, the court noted that certain struck paragraphs contained controversial and inflammatory contentions about the creation of separate Israeli and Palestinian states. Forcing the defendant to respond to these immaterial allegations would be prejudicial, as they did not pertain to the core legal claims.

Struck Allegations

The following historical claims were dismissed from the complaint:

• The Jewish people originated in the Middle East and established their homeland in the Land of Israel, as described in the Bible, where they lived as a sovereign nation or under foreign occupation for over 1,400 years.
• Jerusalem, also called "Zion" in biblical texts, served as the spiritual and political center of the Jewish people for millennia.