Ward Churchill Academic Misconduct Investigation - Lawsuit By Churchill

Lawsuit By Churchill

Following his dismissal, Churchill immediately filed a lawsuit against the university claiming that he had been fired for exercising his right to free speech. His lawsuit, filed in Denver District Court, charged that after the essay came to light, “the university vowed to examine every word ever written or spoken by Professor Churchill in an effort to find some excuse for terminating his employment.” The lawsuit sought unspecified damages and reinstatement. University spokesman Ken McConnellogue said the school stands by the decision to fire Churchill. In an interview with the Rocky Mountain News, Churchill's lawyer David Lane stated that Churchill's primary motive for the lawsuit is reinstatement as opposed to a cash settlement. Patrick O'Rourke, serving as university counsel, stated that "A jury of faculty members found research misconduct. We don't believe he is a scholar that should be re-employed, and we believe the jury will conclude the same."

In April 2009, a Denver jury awarded Churchill $1 in damages, finding that the college wrongfully fired him. As one of the jurors said later in a press interview, "it wasn't a slap in his face or anything like that when we didn't give him any money. It's just that David Lane kept saying this wasn't about the money, and in the end, we took his word for that." At the verdict, Churchill's counsel asked Chief Judge Larry J. Naves of Denver District Court to order reinstatement in light of the verdict.

On July 7, 2009, Judge Naves found that the defendants were entitled to quasi-judicial immunity as a matter of law, vacated the jury award of $1 and determined that the University does not owe Churchill any financial compensation. Naves also denied Churchill's request to order reinstatement at CU. In February, 2010, Churchill appealed the judge's decision.

The Colorado Court of Appeals upheld Judge Naves' decision that the CU Board of Regents had "quasi-judicial immunity." Churchill attorney David Lane is quoted as saying that he will seek to have the decision reviewed by the Colorado Supreme Court, and predicted that the matter will eventually be decided by the United States Supreme Court. In February 2011, Churchill filed a petition for writ of certiorari to the Colorado Supreme Court.