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Judge: CU Does Not Have To Reinstate Churchill (Ward Churchill GONE!)
7 news ^ | July 7, 2009 | Tyler Lopez

Posted on 07/07/2009 11:53:08 AM PDT by Mount Athos

Boulder learning will go on without Ward Churchill.

On Tuesday Judge Larry Naves granted CU's and the Board of Regent's motion for judgement as a matter of law that the Board of Regents is immune from being sued and vacates the jury verdict from April of this year.

Naves also denied Churchill's motion for reinstatement of employment as well as any "front" pay.

He essentially got nothing.

"We are very gratified with the decision," said Bronson Hilliard, spokesman for CU Boulder.

The ethnic studies professor had sued the University of Colorado in an attempt to regain his teaching post.

Churchill was fired in 2007, following a two year investigation into allegations Churchill fabricated some of his scholarly publications.

But a Denver jury in April of 2009 ruled the school had only fired him after controversy erupted surrounding an essay he'd written in September , 2001, comparing the 9-11 victims of terrorism to a Nazi leader.

That ruling included only a symbolic damage award of $ 1.

In court last week, Churchill testified before Chief Denver District Court Judge Larry Naves that money was not his motivation for this lawsuit.

Today, Naves ruled "because quasi-judicial immunity was a 'defense that would have been applicable to any of its officials or employees' it is a defense available to the University and the Board of Regents. In this case, it is clear that the Board of Regents performed a quasi-judicial function and acted in a quasi-judicial capacity when it heard Professor Churchill’s case and terminated his employment," Naves wrote. "Based on the foregoing, it is hereby ORDERED that Defendants are GRANTED quasi-judicial immunity as a matter of law from Professor Churchill’s Second Claim for Relief. As a result, the jury’s verdict in this matter is hereby VACATED, and judgment is hereby entered in favor of Defendants on Professor Churchill’s Second Claim for Relief."


TOPICS: Crime/Corruption; News/Current Events; US: Colorado
KEYWORDS: academia; cu; ruling; wardchurchill
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To: MplsSteve

Somehow I doubt it, as he doesn’t even have an actual earned doctorate! Even those with real doctorates who have done real scholarship have trouble finding such positions. I was just reading up on his background, what a incredible B.S. artist this guy is! He deserves a PH.D in B.S. and opportunism.


21 posted on 07/07/2009 12:08:15 PM PDT by Catphish
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To: Mount Athos

Yes, yes and yes.


22 posted on 07/07/2009 12:08:34 PM PDT by freekitty (Give me back my conservative vote.)
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To: Mount Athos

He should have to pay all court costs.


23 posted on 07/07/2009 12:10:55 PM PDT by Deb (Beat him, strip him and bring him to my tent!)
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To: listenhillary
"Indian plagiarist Czar or something."

He could be Biden's head speech plagiarist.

24 posted on 07/07/2009 12:11:29 PM PDT by hometoroost (Torture? Would you rather do 5 years at Gitmo or 5 hours with the Muslims?)
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To: Mount Athos

“But a Denver jury in April of 2009 ruled the school had only fired him after controversy erupted surrounding an essay he’d written in September , 2001, comparing the 9-11 victims of terrorism to a Nazi leader.”

I always had trouble with this decision! The “chicken” thing put him on the radar screen, but the investigation that followed uncovered the facts that led to his firing.


25 posted on 07/07/2009 12:14:45 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: Mount Athos

Occasionally there is justice in this world. I was seriously thinking it didn’t exist anymore after learning that Minnesota ruled Al Franken had won the contested senate seat.


26 posted on 07/07/2009 12:16:34 PM PDT by BluH2o
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To: Tamar1973

Beat me to it .... but it is good enough to repeat

Na na na na, Na na na na, hey, hey, hey, Goodbye!


27 posted on 07/07/2009 12:18:05 PM PDT by taxcontrol
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To: Mount Athos
Well he did get a dollar for efforts. Hopefully he will invest it wisely.


28 posted on 07/07/2009 12:24:21 PM PDT by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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To: Mount Athos

Wow!


29 posted on 07/07/2009 12:29:47 PM PDT by colorado tanker ("Lastly, I'd like to apologize for America's disproportionate response to Pearl Harbor . . . ")
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To: Boiler Plate
Occasionally the Universe is kind to humanity and things go right.
Small pleasures, in a world gone insane.
30 posted on 07/07/2009 12:31:53 PM PDT by Publius6961 (Change is not a plan; Hope is not a strategy.)
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To: MplsSteve
In spite of the baggage he’d bring to a new educational institution, I have no doubt that he’ll re-surface somewhere else and resume spewing the same crap. Who wants to take bets as to where? Columbia? The University of Minnesota? Duke? UC-Berkeley?

I think it will be the lecture circuit. Even the academic left frowns enough on his brand of plagiarism and fraud that I dont think he would have much chance of being hired. And if a faculty actually wanted him, the administration would probably fear a backlash from alumni.

I could not agree more that we have not heard the last from this character.

31 posted on 07/07/2009 12:32:59 PM PDT by freespirited
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To: Mount Athos

YOU'RE FIRED!
Don't let the door hit ya where the good Lord split ya!

32 posted on 07/07/2009 12:34:26 PM PDT by NorCoGOP (Recession: friend loses his job. Depression: You lose your job. Recovery: Obama loses his job.)
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To: Mount Athos
He even lost the dollar?

Good, but it does sort of ruin my husband's idea of sending him a fake Sacajawea dollar.

I saw a classmate in college get a 0 on a paper (which was ¼ of our grade) because he hadn't footnoted one section properly. Improper attribution = using someone's words as your own.

Churchill did much worse than make a few unintentional mistakes.

At the end of the day, if the rules are good enough for the students he teaches (and they are), it's good enough for him.

33 posted on 07/07/2009 12:37:05 PM PDT by mountainbunny (Mitt Romney & his sons: members of the 1st Winnebago Motor Home Brigade, aka "The Fightin' RVs")
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To: businessprofessor
You are so right. He has finally been fully exposed...right down to the plagiarized artwork. Who does that ?

I mentioned the dollar menu because I misread the date of his receiving a judgment of one dollar. This is a happy day with this Churchill news.

34 posted on 07/07/2009 12:42:55 PM PDT by Miss Behave (OMG, my tagline is stalking me.)
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To: mountainbunny

After weeks of bad news, this is refreshing.


35 posted on 07/07/2009 12:43:19 PM PDT by Eric in the Ozarks
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To: mountainbunny
He even lost the dollar? Good, but it does sort of ruin my husband's idea of sending him a fake Sacajawea dollar.

funny!
36 posted on 07/07/2009 12:46:20 PM PDT by Mount Athos (A Giant luxury mega-mansion for Gore, a Government Green EcoShack made of poo for you)
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To: Dr. Bogus Pachysandra
"I always had trouble with this decision! The “chicken” thing put him on the radar screen, but the investigation that followed uncovered the facts that led to his firing."

Me too. I think justice was done. But I'm not at ease with this decision either.

When exactly does a Board of Regents have judicial immunity? And should they have immunity? When are they deemed acting in a quasi-judicial capacity? And does a board or regency have said quasi-judicial capacity regardless of what they rule? And is there any appeal for a board of regents acting in a quai-judicial capacity?

This decision makes my stomach quasi.

37 posted on 07/07/2009 12:52:05 PM PDT by DannyTN
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To: Eric in the Ozarks

Ward now has more time to watch 9-11 tapes and root for the attackers.


38 posted on 07/07/2009 12:52:20 PM PDT by JPG
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To: MplsSteve

“Who wants to take bets as to where?”

He would fit in perfectly at Berkeley.


39 posted on 07/07/2009 12:54:28 PM PDT by Old Grumpy
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To: Mount Athos

That’s some much needed uplifting news for me. What with knowing by Al Franken’s swearing in that the United States government has hit rock bottom, and watching so many in our country (and the Western world) grieving for an epicine pervert...I needed some good news.


40 posted on 07/07/2009 12:54:39 PM PDT by VR-21 (The election of Barack Obama was a hate crime.)
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