Breaking: Colorado Supreme Court to review the Churchill v. CU case (page 7, ht Leah)
The three issues to be considered:
- 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.
- 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.
- Whether the denial of equitable remedies for termination in violation of the First Amendment undermines the purposes of 42 U.S.C. § 1983.
This is all about 42 U.S.C. § 1983 - Civil action for deprivation of rights, the entirety of which is:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
After careful implementation of our special SWAG equipment, we surmise that the Colorado Supreme Court will find against Churchill on the first and second issues, but as to the third—¿Quien Sabe?
Update: The Denver Post, lacking staff (or maybe just Leah), checks in late with the news
Update II: DrunkaKazowie notes the obviously inflated attendance estimates for The Perfesser's lout-shout.
UpdateIII: Naturally, Churchill's legal sock-puppet David Lane knows what the facts is (ht Leah):
[Lane] stresses that the case is about more than Churchill gaining access to CU classrooms again. "If the Supreme Court rules in our favor, then tenured professors will be able to have a remedy when the regents fire them in violation of the First Amendment," he allows. "As it stands now, based on the Court of Appeals' decision, if a tenured professor gets fired, courts will turn a deaf ear to them -- and that's a critical issue in academia. So this is one of the biggest First Amendment cases that academia can possibly face."
From our Laying A Wreath At The Tomb of the Unknown Nazi department: In Grand Junction for his Memorial Day Lout-Shout, Ward Churchill ponders why we don't honor the fallen on both sides of conflicts (ht Leah)
Grand Junction NBC affiliate: Controversial Speaker Talks Memorial Day During GJ Visit
KJCT TV: Ward Churchill Speaks In Grand Junction