Legal Commentary

ACLU Files Brief for Ward Churchill in Appeal Over Reinstatement

By Jeralyn

Fired C.U. professor Ward Churchill is appealing the trial court's decision (available here)not to order his reinstatement after a jury ruled in his favor that he was terminated in retaliation for unpopular remarks about 9/11. The judge vacated the jury verdict, finding university officials had absolute immunity because they were acting as quasi-judicial officers in firing him. The jury had awarded Churchill $1.00 in damages,

The ACLU, American Association of University Professors and National Coalition Against Censorship today filed an amicus brief on behalf of Churchill. The brief argues the trial court was wrong to grant CU Regents absolute immunity, and given that there was a proven First Amendment violation, the presumed equitable remedy is reinstatement.

The brief is here. Background is here and here.

Full post as published by TalkLeft on February 18, 2010 (boomark / email).