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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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1 posted on 07/07/2009 11:53:08 AM PDT by Mount Athos
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To: Mount Athos

Na na na na, Na na na na, hey, hey, hey, Goodbye! : )


2 posted on 07/07/2009 11:54:20 AM PDT by Tamar1973 (Only dead fish "go with the flow"--Sarah Palin)
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To: Mount Athos

A worm gets his.


3 posted on 07/07/2009 11:54:57 AM PDT by HiTech RedNeck (Think of the D Party as what it really is: a criminal organization masquerading as a political party)
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To: Mount Athos

‘bout friggin time...


4 posted on 07/07/2009 11:56:00 AM PDT by xcamel (The urge to save humanity is always a false front for the urge to rule it. - H. L. Mencken)
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To: Mount Athos
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5 posted on 07/07/2009 11:56:58 AM PDT by DoughtyOne (_Resident of the United States and Kenya's favorite son, Baraaaack Hussein Obamaaaa...)
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To: Mount Athos

I would have predicted this but felt that in Boulder, any insanity is possible.

I will sleep better tonight knowing that this judge struck a blow for sanity.


6 posted on 07/07/2009 11:57:33 AM PDT by freespirited
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To: Mount Athos

Mango Margaritas at sunset for me this evening. As being a “real” Indian, that fake artist, writer, Indian, really pissed me off.


7 posted on 07/07/2009 11:58:14 AM PDT by fish hawk (Volition is a gift of God to reject Him or find peace in His love.)
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To: Mount Athos

The University of Colorado’s gain is gonna be some other institution’s loss.

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?


8 posted on 07/07/2009 11:58:15 AM PDT by MplsSteve
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To: Tamar1973

Second verse, same as the first...

Nana na na, nana na na, hey, heeey, Gooood byeaeye...

Yeah!


9 posted on 07/07/2009 11:58:40 AM PDT by DoughtyOne (_Resident of the United States and Kenya's favorite son, Baraaaack Hussein Obamaaaa...)
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To: Mount Athos

I hope he borrowed thousands of dollars from friends telling them that his back pay and reinstatement was a done deal.


10 posted on 07/07/2009 11:58:52 AM PDT by listenhillary (90% of our problems could be resolved with a government 10% of the size it is now.)
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To: Mount Athos; george76

OUTSTANDING!


11 posted on 07/07/2009 11:58:58 AM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: Mount Athos
Gríma Wormtongue gets his comeuppance.
12 posted on 07/07/2009 11:59:50 AM PDT by Ben Mugged (Unions are the storm troopers of socialism.)
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To: Mount Athos

Finally some good news today.


13 posted on 07/07/2009 12:00:05 PM PDT by piperpilot
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To: MplsSteve

Look for Obama to find a position for him. Indian plagiarist Czar or something.


14 posted on 07/07/2009 12:00:12 PM PDT by listenhillary (90% of our problems could be resolved with a government 10% of the size it is now.)
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To: Mount Athos
Look on the bright-side Ward—there's always the Dollar Menu at Micky D's.
15 posted on 07/07/2009 12:01:26 PM PDT by Miss Behave (OMG, my tagline is stalking me.)
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To: Mount Athos

What a horrible tragedy...

...I am, of course, referring to the fact that SOME lib-tard “University”, SOMEWHERE, is no doubt chomping at the bit to give this worthless sack of shiite both a job AND tenure.


16 posted on 07/07/2009 12:01:34 PM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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........................................................................................................GET A JOB!

17 posted on 07/07/2009 12:02:52 PM PDT by evets (beer)
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To: Mount Athos
I like the ruling.
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."
It says that some judgments are not reviewable. It is the endless and expensive rounds of second-guessing that melt any public board into heaps of quivering poo.

Men and women in authority have to be allowed that authority, in full, not-reviewable, in order for society to start acting responsible again.

18 posted on 07/07/2009 12:02:58 PM PDT by bvw
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To: listenhillary

Good point.

I’m told that position in his administartion isn’t filled yet.


19 posted on 07/07/2009 12:03:57 PM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: Miss Behave

Unfortunately, poverty is not on the menu for Churchill unless he has large legal fees. He has a very good pension and many speaking engagements paid by leftist groups and universities. I doubt that any university will touch him because of the academic misconduct allegations. His fake Indian scheme has been blown also.


20 posted on 07/07/2009 12:05:11 PM PDT by businessprofessor
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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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To: Mount Athos

Well, it’s a first step.
Next liberal baboso outrage step right up to be hammered.


41 posted on 07/07/2009 1:00:24 PM PDT by Joe Boucher
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To: DannyTN

Judicial immunity is commonplace for city and county boards. Perhaps someone better versed in this could comment...


42 posted on 07/07/2009 1:00:54 PM PDT by Eric in the Ozarks
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To: Eric in the Ozarks
After weeks of bad news, this is refreshing.

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.

43 posted on 07/07/2009 1:03:21 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: Mount Athos

Good riddance, Chief!


44 posted on 07/07/2009 1:11:00 PM PDT by TigersEye (0bama: "I can see Mecca from the WH portico." --- Google - Cloward-Piven Strategy)
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To: mountainbunny

Believe it or not, I have had the same experience at Iowa City.


45 posted on 07/07/2009 1:21:36 PM PDT by Eric in the Ozarks
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To: MplsSteve
UC-Santa Cruz? UMass-Amherst? UC-Riverside? UIC? The list of possibilities, unfortunately, is lengthy.
46 posted on 07/07/2009 1:38:54 PM PDT by riverdawg
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To: DannyTN
Courts are extremely reluctant to second-guess colleges and universities over faculty employment issues, like promotion and tenure. As long as established procedures were followed and due process observed, Churchill had little hope for a successful court challenge to CU’s decision. There was a similar case last year involving a Holocaust denier on the faculty somewhere. The university denied him tenure not because of his odious views (which were protected speech) but because his scholarship demonstrably sucked.
47 posted on 07/07/2009 1:48:25 PM PDT by riverdawg
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To: Mount Athos

Why was this ruling not made before the trial?


48 posted on 07/07/2009 3:27:19 PM PDT by Starwolf
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To: Boiler Plate
Quote:
"Well he did get a dollar for efforts. Hopefully he will invest it wisely."

Actually, the Judge threw out the jury's finding.
He doesn't even get the $1.
49 posted on 07/07/2009 4:14:50 PM PDT by Verbosus
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To: BluH2o
"Occasionally there is justice in this world."

If it is merely occasional, it isn't justice.

50 posted on 07/07/2009 4:43:01 PM PDT by YHAOS
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