U. Colorado Regent-vs.-Regents Lawsuit, Cannabis, Race, and Legislative Immunity

A federal judge ruled that University of Colorado regents are protected by absolute legislative immunity from a lawsuit brought by Regent Wanda James. She alleged that the Board violated her First Amendment rights and discriminated against her because of her race when it censured her and imposed restrictions after she criticised a public health campaign and the university’s lack of Black leadership.

The court said regents can receive legislative immunity when acting in a legislative capacity, citing their elected status, authority over university rules and control of its funds. The Board voted 7–1 to censure James, remove her from all committee assignments and bar her from future assignments and university events in her official capacity. James’s complaint said the campaign’s budget had already been cut before her criticism and that the Governor’s Office had sought to eliminate its cannabis-related funding.