Judge Brimmer dismisses Wanda James’ suit after $1 million legal battle

Judge Philip A. Brimmer permanently dismissed a lawsuit filed by University of Colorado Regent Wanda James on Friday. The suit alleged that seven fellow regents violated her free speech rights and engaged in racial discrimination. The court ruled that the Board of Regents acted within its rights as a legislative body when it disciplined James. Because the board exercised a traditional legislative power, it qualified for immunity from the suit.

James first became the subject of a formal board action in July 2025. On July 2, 2025, the CU Board of Regents censured her after an independent investigation found she violated regent policy. The violation stemmed from her public advocacy to defund a state-funded campaign regarding the risks of high-potency marijuana. James argued she did nothing wrong and filed the lawsuit to challenge the board’s decision.

In her legal filing, James sought a preliminary injunction to lift the censure and sanctions. She asked the court to restore her committee assignments and allow her to attend university events in her official capacity. Judge Brimmer denied that motion alongside the dismissal of the full case. The dismissal means the lawsuit cannot be refiled.

The censure removed James from all regent committee assignments. It also bars her from attending university events as a regent, such as football games where she previously received free tickets. Despite these restrictions, she remains an active voting member of the board and can attend all regent meetings.

Records show that CU has spent more than $1 million on third-party legal costs and independent investigations since March 2025. This marks the second time a regent has been censured and represents the longest censure ever instated against a board member. Censures typically last until the end of a regent’s term unless the board votes to lift them.

Regent Wanda James wrote in an email to The Daily Camera that the regents may have won in court, but they have not won public confidence. She stated that the court ruled on legislative immunity, not on the larger questions of discrimination or constitutional rights. "My loyalty remains with the University of Colorado, its students and the people who elected me," James said.

CU Board of Regents Chair Ken Montera confirmed the dismissal in a statement. "Judge Brimmer permanently dismissed the suit, and it can’t be refiled," Montera said. "We will continue with our work on behalf of CU and the people of Colorado." James told The Daily Camera she has no desire to pursue further legal action because that was never the point. She had hoped the board would lift the sanctions when she filed the lawsuit.