CHURCHILL v. UNIV. OF COLORADO AT BOULDER

No. 09CA1713.

293 P.3d 16 (2010)

Ward CHURCHILL, Plaintiff-Appellant, v. The UNIVERSITY OF COLORADO AT BOULDER and Regents of the University of Colorado, a body corporate, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

November 24, 2010.


Attorney(s) appearing for the Case

Killmer, Lane & Newman, LLP, David A. Lane , Denver, Colorado; Thomas K. Carberry , Denver, Colorado; The Noble Law Firm, LLC, Antony M. Noble , Denver, Colorado, for Plaintiff-Appellant.

Patrick T. O'Rourke , Denver, Colorado; Hershey Skinner, LLC, Kari M. Hershey , Denver, Colorado, for Defendants-Appellees.

Mark Silverstein , Denver, Colorado, for Amicus Curiae ACLU Foundation of Colorado.

Aden Fine , Mariko Hirose , New York, New York, for Amicus Curiae ACLU Foundation.

Martha West , Rachel Levinson , Kathi Westcott , Washington, D.C., for Amicus Curiae American Association of University Professors.

Joan Bertin , New York, New York, for Amicus Curiae National Coalition Against Censorship.

Deatsch Law Office, Cheri J. Deatsch , Denver, Colorado; Heidi Elizabeth Boghosian , New York, New York, for Amici Curiae Center for Constitutional Rights, Latina/o Critical Legal Theory, Inc., National Lawyers Guild, and Society of American Law Teachers.

Hall & Evans, L.L.C., Beth A. Dickhaus , Denver, Colorado, for Amicus Curiae Colorado Counties, Inc.

John W. Suthers , Attorney General, Daniel D. Domenico , Solicitor General, Douglas J. Cox , Senior Assistant Attorney General, Denver, Colorado, for Amicus Curiae State of Colorado.


Opinion by Judge GRAHAM.

We are called upon to resolve questions concerning whether a university and its regents should be immune from a civil suit. Professor Ward Churchill appeals the trial court's judgment (1) directing a verdict in favor of the University of Colorado and its Board of Regents and dismissing his 42 U.S.C. § 1983 claim that the University's investigation of his academic works constituted an adverse employment action; (2) holding as a matter...

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