Colorado Supreme Court to decide Churchill v. University of Colorado


On May 31, 2011, the Supreme Court of Colorado granted Ward Churchill's petition for certiorari, announcing that it will review all three of the issues raised by Prof. Churchill:
 

1.  Whether a public university’s investigation of a tenured professor’s work product can constitute an adverse employment action for the purposes of a First Amendment claim brought under 42 U.S.C. § 1983 when, as a result of the investigation, the tenured professor also experiences adverse employment action in the form of termination.

 

2.  Whether the granting of quasi-judicial immunity to the Regents of the University of Colorado for their termination of a tenured professor comports with federal law for actions brought under 42 U.S.C. § 1983.

 

3.  Whether the denial of equitable remedies for termination in violation of the First Amendment undermines the purposes of 42 U.S.C. § 1983.