Cases & Developments

Order granting-in-part and denying-in-part Defendants’ Motions to Dismiss.  Plaintiff, a former researcher on a limited appointment at the University of Colorado-Boulder’s Institute of Arctic and Alpine Research who also had an independent consulting business, brought due process and contract claims against the Board of Regents, Institute Officials, and various University compliance and audit officials after he was terminated when an investigation found violations of the University’s conflicts of interest policy.  Plaintiff alleged that the investigative report contained inaccurate and misleading statements that damaged his professional opportunities.  In permitting plaintiff to proceed on (1) his due process claims against various Institute and compliance and audit officials, and (2) his contract claims against the Board, the court found he had sufficiently alleged a property interest in his continued employment based on his limited appointment and University policies about termination of faculty members for cause.  It dismissed his due process claims against the various officials for alleged inaccuracies in the investigated report on grounds of qualified immunity.  It also dismissed his claims against the Regents in their individual capacities for want of factual allegations demonstrating their personal involvement.