Tag Archives: Quasi-Judicial

Churchill v. University of Colorado at Boulder, 2012CO54 (September 10, 2012)

Suing for civil rights violations is complicated. Concluding a years-long controversy regarding the termination of Ward Churchill, the Supreme Court held that the CU Regents were absolutely immune from suit for claims arising from his termination. Churchill was given 5 internal hearings, presented evidence, examined witnesses, and made arguments under a clear standard of review. The Court held that the Regents are immune from suit for their quasi-judicial decisions. Plus, CRCP 106 review can also prevent constitutional violations. The acrimony between CU and Churchill meant that reinstatement plus wages was not equitable or justified. Finally, even if the investigation was bad faith retaliation for free speech, there is no clear law on that point, so, the Regents could not know if they actually violated his Constitutional rights, and thus also had qualified immunity.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2011/11SC25.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8655&courtid=2

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