Federal judge rules anti-Israel activist choking Jewish woman with Israeli flag is racial discrimination

McFadden reaffirmed an earlier finding that the alleged attack amounted to ‘direct evidence of racial discrimination.’

By Vered Weiss, World Israel News

A federal judge in Washington has allowed most of a Jewish pro-Israel demonstrator’s civil claims to proceed against an anti-Israel protester accused of grabbing an Israeli flag tied around her neck and briefly choking her, finding that the alleged attack could constitute racial discrimination under federal civil rights law.

U.S. District Judge Trevor N. McFadden issued the ruling August 18 in the case brought by Kimmara Sumrall against Janine Ali.

Sumrall alleges Ali attacked her during a November 2024 pro-Israel demonstration at the Dirksen Senate Office Building, where Sumrall was wearing an Israeli flag as a cape. U.S. Capitol Police Officer Reed Bonney arrested Ali after the incident.

The court rejected Ali’s attempt to dismiss Sumrall’s claim under Section 1981 of the Civil Rights Act, finding the law’s Equal Benefit Clause can apply to racially motivated violence by private individuals.

The court said Sumrall plausibly alleged that Ali targeted her because she is Jewish.

McFadden reaffirmed an earlier finding that the alleged attack amounted to “direct evidence of racial discrimination,” noting that the Israeli flag bears the Star of David. The court rejected Ali’s argument that her conduct reflected opposition to Israel rather than antisemitism.

“It is quite a stretch to say that yanking on a flag tied around someone’s neck is an objection to state policies; battery is not a legitimate form of protest,” the court said.

The ruling allows Sumrall’s claims for battery, trespass to chattels and assault based on a protected trait under D.C. law to continue.

The judge dismissed without prejudice only her claim for intentional infliction of emotional distress, finding the alleged conduct did not meet the particularly high legal threshold required for that tort.

McFadden also refused to reconsider a previously issued injunction requiring Ali to remain at least three yards from Sumrall, 100 yards from her home and workplace, and to have no other contact with her.

The court said the order protects Sumrall while allowing both women to continue attending the same demonstrations.