Churchill v. University of Colorado at Boulder, 2012 CO 54

Summary

The Colorado Supreme Court reviewed claims brought under 42 U.S.C. § 1983 by Professor Ward Churchill after the University of Colorado terminated his tenured employment. The court held that the Board of Regents’ termination decision was a quasi-judicial action protected by absolute immunity, that reinstatement and front pay were unavailable or inappropriate, and that Churchill’s claim concerning the allegedly retaliatory investigation was barred by qualified immunity. The court remanded for further proceedings consistent with its opinion.

Holdings

1. The Regents' decision to terminate Churchill's tenured employment was functionally comparable to a judicial action and therefore was protected by quasi-judicial absolute immunity from Churchill's § 1983 damages claim.
2. The trial court did not abuse its discretion in denying reinstatement and front pay.
3. Qualified immunity barred Churchill's claim based on the Regents' initiation of an investigation into his academic record because the asserted right was not clearly established.

Questions Presented

1. Whether the Board of Regents' decision to terminate Churchill's tenured employment was a quasi-judicial act protected by absolute immunity from damages under 42 U.S.C. § 1983.
2. Whether the trial court abused its discretion in denying Churchill reinstatement and front pay.
3. Whether qualified immunity barred Churchill's § 1983 claim based on the allegedly retaliatory investigation of his academic work because the asserted right was not clearly established.

Disposition

affirmed