Court of Appeals: CU, Regents Cannot Be Sued for Violating U.S. Constitution

Nov. 23, 2010. The Colorado Court of Appeals ruled that the University of Colorado and its Regents have absolute immunity when firing a tenured professor in violation of the First Amendment.

Attorney David Lane responds:
It is truly unfortunate that our most cherished freedoms are left in the hands of politicians and bureaucrats in black robes to protect. We are less free today because the Colorado Court of Appeals has given the go-ahead to the Regents to fire any professors they wish after running them through a sham “due process” procedure. A jury of Professor Churchill’s peers found that the Regents violated the First Amendment to the United States Constitution and the Colorado Court of Appeals is letting them get away with it. Their made-up justifications ring hollow in light of the freedom lost by their actions.

Ward Churchill summarizes the ruling:
The Center for Constitutional Rights (CCR) is wrong.
The American Association of University Professors (AAUP) is wrong.
The American Civil Liberties Union (ACLU) is wrong.
The ACLU of Colorado is wrong.
The Society of American Law Teachers (SALT) is wrong.
The National Lawyers Guild (NLG) is wrong.
The National Coalition Against Censorship is wrong.
Latina/o Critical Legal Theory is wrong.
And Federal law doesn’t apply in Colorado.

Click here to read the Court of Appeals' opinion.

Ward Churchill’s appeal brief and the amicus briefs filed by the AAUP, ACLU, National Lawyers Guild, and other organizations are linked below.

Linked here are CU’s Answer and amicus briefs filed by the Colorado Attorney General and Colorado Counties, Inc., and Ward Churchill’s Reply Brief.