Chief Denver District Judge Larry Naves threw out one of Ward Churchill's two claims this afternoon, ruling that the former professor's assertion that the University of Colorado launched an investigation into his scholarship in retaliation for exercising his First Amendment rights was not "actionable.". . ."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.I've got the flu, bad, but by God, I can sit my weeping carcass at the computer for a minute for this. Naves, of course, made the right decision. You know, the old traffic-stop analogy. Fruit of the poisoned tree, my ass.
Benjie's gonna be wood-rasp mad about this.
The first claim in his suit, which was dismissed this afternoon, was that CU launched an investigation into the former professor in retaliation for exercising his First Amendment rights, essentially chilling those rights.
Churchill didn't lose his job or his pay while the investigation was ongoing, the judge said, and the possibility that an investigation could chill free expression by others ho fear that making a controversial statement will result in a whole sale investigation of their scholarship is not sufficient to bring a retaliation claim. . . .
Naves said an investigation, in and of itself, is not an adverse employment action.
Update: Just go over to PB, ye spalpeens, and scroll.
Update II: Nitwit anthropologist Max Forte says Churchill will be speaking at Concordia U in Montreal April 15. Subject: "How I lost my civil suit against CU." (Whistling in the dark here.)