In a resounding defeat for ousted University of Colorado professor Ward Churchill, a judge decided Tuesday to neither give the controversial professor his job back at CU nor award him any financial compensation for his dismissal from the school nearly two years ago.
The ruling from Chief Denver District Judge Larry Naves, which was released this afternoon, comes in stunning contrast to a jury's verdict from a civil trial Churchill brought against the school earlier this year, in which six jurors determined that CU had unlawfully stripped Churchill of his job for expressing his political beliefs in a controversial essay he wrote about the Sept. 11, 2001 attacks on the United States.
The judge's ruling puts to an end a 4 1/2 year saga that generated headlines across the nation and set talk radio abuzz, with politicians, academicians and pundits locked in debates over patriotism, the limits of free speech on campus, and what constitutes academic misconduct.
Let the wailing and gnashing of teeth (not to mention the endless appeals) begin!
...and just because good news bears repeating:
Judge rules Churchill will not get job back
No job, no money for Ward Churchill
Colo. Prof In 9/11 Flap Loses Bid To Reclaim Job
Update: Judge Naves decision (pdf; ht Leah (again!))
Update II (Churchill, hoist by his legal sock-puppet's petard department) (from Judge Naves' decision):
If I granted reinstatement I believe there is a substantial likelihood that there would be future disputes about the propriety of Professor Churchill’s academic conduct, as well as the Department of Ethnic Studies’ ability to evaluate the probity and veracity of his scholarship. Those disputes would necessarily raise the question of whether the University has retaliated against Professor Churchill, especially given Professor Churchill’s counsel’s post-verdict statements, such as, “Anything that is deemed retaliatory is another lawsuit. If they look at him cross-eyed, they could very well end up back in court.”
Update III (Churchill, hoist by his own petard department) (from Judge Naves' decision):
I rely upon Professor Churchill’s statements demonstrating his hostility to the University. His statements illustrate that reinstatement, as a practical matter, is not likely to create productive and amicable working relationships.
Update IV (Churchill, hoist by his own petard department) (from Judge Naves' decision):
Professor Churchill’s own statements during the trial established that he has not seriously pursued any efforts to gain comparable employment, but has instead has chosen to give lectures and other presentations as a means of supplementing his income. Reportedly, he even “received a few job offers” that he declined to pursue. [...] Under these circumstances, I do not believe an award of front pay is appropriate.
Update V (from Judge Naves' decision):
The evidence was credible that Professor Churchill will not only be the most visible member of the Department of Ethnic Studies if reinstated, but that reinstatement will create the perception in the broader academic community that the Department of Ethnic Studies tolerates research misconduct. The evidence was also credible that this perception will make it more difficult for the Department of Ethnic Studies to attract and retain new faculty members. In addition, this negative perception has great potential to hinder students graduating from the Department of Ethnic Studies in their efforts to obtain placement in graduate programs.
To avoid this unnecessary cost and complexity, the University agreed to waive its Eleventh Amendment immunity, thus allowing direct claims to be brought against the University and the Board of Regents. In return for the ability to bring direct claims, however, Professor Churchill agreed that the University acquired the ability to assert any defenses that would be available to individual Regents. [...] Therefore, because quasi-judicial immunity was a “defense that would have been applicable to any of its officials or employees” it is a defense available to the University and the Board of Regents.
Update VI: DrunkaBlech reports Churchill's legal sock-puppet, David Lane, will be holding a press conference at 4pm today. Drunka's live-blogging coverage from Crapless & Silverfish*
Update VII: We missed this first read-through, but Judge Naves also VACATED the jury award (the infamous One Dollar Victory™). Great catch, Amy! @sspats be upon you!
Update VIII (and apropos to nothing):
The sneer is gone from Casey's lip, his teeth are clinched in hate;
He pounds with cruel violence his bat upon the plate.
And now the pitcher holds the ball and now he lets it go,
And now the air is shattered by the force of Casey's blow.
Oh! somewhere in this favored land the sun is shining bright;
The band is playing somewhere and somewhere hearts are light,
And somewhere men are laughing and somewhere children shout;
But there is no joy in Mudville -- mighty Casey has struck out.
* ©2006 Churchill's dog, Benjie. All Rights Reserved. Used without permission.
The right outcome, but for the wrong reason. Surely plaintiffs have the right to their Constitutional rights, even when the offender is a state agency. It's sure to be appealed, assuming that Lane is still willing to work for free. I think he'll do it for the free publicity.
— Noj - 07 July '09 - 13:22
Finally!
— CU PhD - 07 July '09 - 13:25
Noj: Well, he was hired for the wrong reasons, tenured for the wrong reasons, doctorated for the wrong reasons, made chair of his department for the wrong reasons--why should this be any different?
— [jwpaine] () (URL) - 07 July '09 - 13:25
Well...the right reason in the DP article, the wrong reason in the Camera story.
— Noj - 07 July '09 - 13:28
Jim,
You might want to put a special link to the Judge's decision, which is posted on 9news.com:
http://www.9news.com/pdfs/06CV11473.pdf
— Leah - 07 July '09 - 13:39
"He ordered the jury's verdict on Churchill's claim that he was retaliated against for expressing his First Amendment rights be vacated, saying the regents' quasi-judicial status protects them from that particular claim for relief."
So Churchill doesn't even get the symbolic dollar?
— Leah - 07 July '09 - 13:44
The best part of that decision is on page 34 "If I granted reinstatement I believe there is a substantial likelihood that there would be future disputes about the propriety of Professor Churchill’s academic conduct, as well as the Department of Ethnic Studies’ ability to evaluate the probity and veracity of his scholarship." Finally!
I am reminded of the fable about a kind person who took a cold snake into their house and after the snake warmed up, it inflicted a lethal bite. When the cry of "Why?" arose, the snake answered, "You knew what I was when you took me in."
Churchill has single-handedly completed the destruction of the weakened Ethnic Studies Department at CU. They will never recover from the snake bite.
— CU PhD - 07 July '09 - 13:59
That is devoutly to be wished, CU PhD.
— [jwpaine] () (URL) - 07 July '09 - 14:00
Aiiiiiiiiiiiieeeeeeeeeee!
"Money would be nice, too"--Benjie.
— jgm () (URL) - 07 July '09 - 14:05
Kudos to Pirate Ballerina for keeping a constant spotlight on this dirtbag.
Now Churchill can crawl back under the rock he emerged from...
— Mighty Mouse - 07 July '09 - 14:20
JW! Dumb question! Does Lane get any of his legal fees? I tried to download Judge Nave's decision; no luck.
— Boe - 07 July '09 - 14:51
Boe! That's a good question, but I find nothing in Naves' decision mentioning attorney's fees at all.
— [jwpaine] () (URL) - 07 July '09 - 14:54
JW! If Lane doesn't get his fees, do you think he would spend more of own money to appeal? He's supposed to be a pretty smart attorney. Sorry for another dumb question.
— Boe - 07 July '09 - 15:10
To be honest, while I knew, knew, knew Wart wouldn't be reinstated, hardly ever did I dare hope Naves would stiff him (and Lane) monetarily as well.
— jgm () (URL) - 07 July '09 - 15:16
"You idiots have already lost this one; we're all just waiting to see how bad you're bleeding." Dimwitted ethnic scholar and Wardo Butt Boy, Benjie.
Bugger off, Benjie. Leave us to celebrate; go use your wood rasp on yourself.
— Retired Bill - 07 July '09 - 15:34
Since Naves vacated the jury verdict, I don't see how Lane could claim fees. However, he's already gotten his half million in free nationwide publicity.
— Noj - 07 July '09 - 15:40
Wailing and gnashing of teeth? That's only the superstructure of the reaction. How 'bout the untermenschen like Benjie and Dillabaugh?
— jgm () (URL) - 07 July '09 - 15:41
Let's give some props to O'Rourke for cutting that immunity deal with Lane. He definitely got the best of Lane in that one. Now Chutch doesn't even get his dollar.
— Noj - 07 July '09 - 15:42
I agree, Noj. Looks like that deal was O'Rourke's ace in the hole. I take back some of what I've said about him.
— [jwpaine] () (URL) - 07 July '09 - 15:47
Boe! FWIW, C&S are reporting that Lane has "no shot" at attorney's fees.
— [jwpaine] () (URL) - 07 July '09 - 16:35
Thanks JW! I heard the same thing on C&S.
— Boe - 07 July '09 - 16:39
Belated thanks for the kudos, Mighty Mouse.
— [jwpaine] () (URL) - 07 July '09 - 18:03
“…Judge Naves also VACATED the jury award…”
Slam dunk, if you get my drift.
— Fred - 07 July '09 - 18:42
Meaning Chutch doesn't get his dollar, Lane gets squat diddly, and someone's well into a case of Scotch over on Wicklow Street.
— Noj - 07 July '09 - 19:17
http://www.youtube.com/watch?v=giVGv_dnmdY
— Laurie - 07 July '09 - 19:45
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