DENVER—A judge has thrown out one of two claims filed by a fired University of Colorado professor who is suing to get his job back.
Chief Denver District Judge Larry Naves on Tuesday ruled that Ward Churchill’s assertion that the university launched an investigation into his work in retaliation for exercising his First Amendment rights wasn’t “actionable.”
The judge noted that Churchill didn’t lose his job or his pay during the investigation, and said the possibility that an investigation could chill free expression was insufficient to bring a retaliation claim.
Naves upheld Churchill’s primary claim—that CU fired him for exercising his free speech rights.
“This case will go to the jury on the other claim where there is clearly an adverse employment action, which is being terminated,” the judge said.
Churchill alleges the school fired him in 2007 over an essay he wrote about the Sept. 11 attacks that set off a firestorm and spawned negative headlines for CU for months.
The university maintains Churchill was fired after three committees of faculty members from Colorado and other universities accused him of plagiarism, fabrication and other research misconduct. CU says the investigation into Churchill’s work was fair and his firing was justified.
Churchill, who was a tenured ethnic studies professor at the university, denies the research misconduct allegations.
His essay said the 2001 terrorist attacks were triggered by an unjust U.S. foreign policy and likened those killed in the World Trade Center to “little Eichmans,” a reference to Nazi Adolf Eichman.
The jury is scheduled to receive instructions in the trial Wednesday morning. Closing arguments will follow.
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Information from: Daily Camera,
