Court Allows Civil-Rights Suit Over Flag-Yanking Incident to Move Forward

Judge Trevor McFadden of the U.S. District Court for the District of Columbia denied Janine Ali’s motion to dismiss all but one of the counts in Kimmara Sumrall’s amended complaint. The dispute arose during a November 2024 protest at the Dirksen Senate Office Building, where Sumrall, a Jewish-American pro-Israel demonstrator, wore an Israeli flag around her neck and was allegedly grabbed from behind by Ali, an anti-Israel protester, causing brief choking and disorientation.

The court affirmed a prior preliminary injunction that ordered Ali to stay away from Sumrall and found that Sumrall’s claims for battery, trespass to chattels and violations of 42 U.S.C. § 1981 and D.C. Code § 22-3704 are plausibly supported by evidence of racial discrimination. The claim for intentional infliction of emotional distress was dismissed for failing to meet the high threshold of outrageous conduct. Ali’s contention that her actions were motivated solely by political opposition to Israel was rejected, with the judge emphasizing that the Star of David on the flag signifies a racial symbol. The case will proceed to discovery and potentially summary judgment on the remaining claims.