Judge: CU Does Not Have To Reinstate Churchill (Ward Churchill GONE!)

7 news ^ | July 7, 2009 | Tyler Lopez

[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."

[Tamar1973]

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

[HiTech RedNeck]

A worm gets his.

[xcamel]

‘bout friggin time...

[DoughtyOne]

All together now...  Hip, hip, hooray!

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[freespirited]

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.

[fish hawk]

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

[MplsSteve]

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?

[DoughtyOne]

Second verse, same as the first...

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

Yeah!

[listenhillary]

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

[jazusamo]

OUTSTANDING!

[Ben Mugged]

Gríma Wormtongue gets his comeuppance.

[piperpilot]

Finally some good news today.

[listenhillary]

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

[Miss Behave]

Look on the bright-side Ward—there's always the Dollar Menu at Micky D's.

[WayneS]

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.

[evets]

........................................................................................................GET A JOB!

[bvw]

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.

[WayneS]

Good point.

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

[businessprofessor]

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.

[Catphish]

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.

[freekitty]

Yes, yes and yes.

[Deb]

He should have to pay all court costs.

[hometoroost]

"Indian plagiarist Czar or something."

He could be Biden's head speech plagiarist.

[Dr. Bogus Pachysandra]

“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.

[BluH2o]

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.

[taxcontrol]

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

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

[Boiler Plate]

Well he did get a dollar for efforts. Hopefully he will invest it wisely.

[colorado tanker]

Wow!

[Publius6961]

Occasionally the Universe is kind to humanity and things go right.
Small pleasures, in a world gone insane.

[freespirited]

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.

[NorCoGOP]

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

[mountainbunny]

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.

[Miss Behave]

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.

[Eric in the Ozarks]

After weeks of bad news, this is refreshing.

[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.

funny!

[DannyTN]

"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.

[JPG]

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

[Old Grumpy]

“Who wants to take bets as to where?”

He would fit in perfectly at Berkeley.

[VR-21]

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.

[Joe Boucher]

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

[Eric in the Ozarks]

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

[mountainbunny]

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.

[TigersEye]

Good riddance, Chief!

[Eric in the Ozarks]

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

[riverdawg]

UC-Santa Cruz? UMass-Amherst? UC-Riverside? UIC? The list of possibilities, unfortunately, is lengthy.

[riverdawg]

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.

[Starwolf]

Why was this ruling not made before the trial?

[Verbosus]

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.

[YHAOS]

"Occasionally there is justice in this world."

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