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 Churchills 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 Churchills Second Claim for Relief. As a result, the jurys verdict in this matter is hereby VACATED, and judgment is hereby entered in favor of Defendants on Professor Churchills Second Claim for Relief."
Well, it’s a first step.
Next liberal baboso outrage step right up to be hammered.
Judicial immunity is commonplace for city and county boards. Perhaps someone better versed in this could comment...
As a Coloradan, I can't tell you how happy this makes me. The idea that tax money was going to go toward paying him anything, especially legal fees, really made me angry.
I occasionally go back to school and take a class here or there. A few years ago, on the second day of class, something about this case had made the news that morning, and the professor mentioned that she knew Churchill, that he was being railroaded, yadda yadda yadda. All together, about 10 minutes of red-faced, spittle-punctuated ranting about what a great guy Churchill is.
I transferred out of class that day.
Good riddance, Chief!
Believe it or not, I have had the same experience at Iowa City.
Why was this ruling not made before the trial?
If it is merely occasional, it isn't justice.
With the system in place in America today ... when it comes to state and federal government ... merely 'occasional justice' is much better than 'no' justice. Unfortunately for America and conservatives today that's the best we can hope for ... a rebellion is brewing. I can feel it ...
Ouch. That’s like having your dog bite you.
Chicago.
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