Posted on 07/07/2009 2:21:18 PM PDT by FromLori
On Tuesday Chief Denver District Court Judge Larry Naves denied Churchill's motion for reinstatement of employment as well as any "front" pay. It was part of a decision where Naves granted CU and the Board of Regents immunity from being sued, which vacates the jury verdict from April of this year. Churchill essentially got nothing.
“We believe the judge appropriately applied the law to recognize the Board of Regents’ role as a quasi-judicial body. This ruling recognizes that the regents have to make important and difficult decisions. The threat of litigation should not be used to influence those decisions,” said University of Colorado President Bruce D. Benson on Tuesday. The ethnic studies professor had sued CU 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 2009 ruled the school had only fired him after controversy erupted surrounding an essay he'd written in September 2001, comparing the victims of the Sept. 11 terrorist attacks to a Nazi leader. That ruling included only a symbolic damage award of $1. In court last week, Churchill testified that money was not his motivation for this lawsuit. On Tuesday, 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." "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." Naves went on write: "If I granted reinstatement I believe there is a substantial likelihood that there would be future disputes about the propriety of Professor Churchill’s academic conduct... Under these circumstances and recognizing that the University’s faculty must have the ability to define the standards of scholarship, I am persuaded that reinstatement is not an appropriate remedy in this case... The same 'sharply conflicting evidence' about Professor Churchill’s job performance and the fundamental disagreements between the parties lead me to conclude that 'an absence of mutual trust' makes reinstatement unfeasible." Watch 7NEWS at 4 p.m. and 5 p.m. for more on this story.
bummer dude.
YeeeeeeeHaaaaaaa sucker!
He’s a Native American, right? Can’t he live off the land? Oh you mean he’s not? Tough luck. Starve punk, or go work for a living like we do.
Get a haircut, and get a real job.
He can go live with whatever Indian tribe he claims he belongs.
He should have taken the $1, now he gets nothing.
Life is good!
Some good news today. In fact, it may be the only good news for months.
Sweeeeet!
Didn’t the tribe he claims to belong to said no way to this fake?
WENDYS is hiring..they need a good fry man.
he can go to work at the reservation cigarette store?
I think at one point they had made him an honorary member so he claims event though he is not of blood relation he is a member.
one of the posters on the tv station website said
“Guest Hey, will the next person that needs to flush a toilet please put this turd in there and send him where he really belongs. Ward Churchill has never been about freedom of speech or anything so grandiose — Ward Churchill has always been about Ward Churchill. PERIOD.”
Not only that, the judge threw his whole lawsuit out, so whatever claim he had for attorneys fees is gone, too! The fake Indian is gone!
Since my son will be attending UC Boulder in the fall, this makes both of us VERY HAPPY!
And he got that skunk living on his head, too.
Oh, it must suck to be Ward Churchill.
woot!
dont worry ward, obama will take care of you ... LOL
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