Liberty Counsel filed a response brief urging the U.S. District Court in Arizona to adopt a magistrate judge’s recommendation to advance the case of former ethics Professor Daniel Grossenbach so the court can address his unlawful firing by the University of Arizona. Grossenbach’s lawsuit contends that the university fired him for his parental rights advocacy and religious speech at local school board meetings where his children attend school, which is not at all affiliated with the university.

Liberty Counsel is seeking a permanent injunction that declares the university’s discriminatory actions illegal and unconstitutional for violating his constitutional rights of free speech, religious exercise, equal protection, as well as his religious protections under Title VII of the Civil Rights Act of 1964.

In November 2025, U.S. Magistrate Judge Michael Ambri issued a Report and Recommendation to the federal court recommending that it should deny the university’s motion to dismiss the case. The University of Arizona objected to the recommendation stating the Eleventh Amendment shields it from Grossenbach’s claims and that his lawsuit is barred by exceeding time limitations. However, Judge Ambri stated Grossenbach’s First Amendment and Title VII claims have standing since his complaint arises from constitutional rights violations for which there is no immunity. Furthermore, Judge Ambri acknowledged that the university also stalled disclosure of public records involving Grossenbach’s termination until 239 days after his firing—where only then it was revealed his firing was based on anonymous complaints about his public advocacy and religious speech. Judge Ambri noted that an injunction is an appropriate remedy for discriminatory and fraudulent actions infringing on constitutional rights.

In its response, Liberty Counsel states that court precedents strip government immunity for federal law violations and the university’s timeliness objections fail because of its “own conduct and fraud.”

“Because the Magistrate Judge properly construed all Professor Grossenbach’s allegations as true and properly drew all reasonable inferences in his favor, and because the Magistrate Judge’s legal conclusions on the Eleventh Amendment, Title VII, and timeliness are all well-taken, [University of Arizona’s] objections should be overruled and the Report and Recommendation adopted in full,” concluded Liberty Counsel.

The lawsuit requests that the court order the university to reinstate Grossenbach to his prior position and award damages. The lawsuit implicates the Arizona Board of Regents and its Chair, Douglas Goodyear, as well as University of Arizona President Suresh Garimella.

Liberty Counsel Founder and Chairman Mat Staver said, “Professors at public universities do not shed their constitutional rights to free speech and religious exercise when they speak up for their children on matters of public concern. Professor Daniel Grossenbach engaged in constitutionally protected speech, and religious expression. He was speaking on matters of public concern regarding his faith, morality, and the community to protect his children. The University of Arizona cannot fire a professor for his protected speech. Viewpoint discrimination is unlawful and violates the First Amendment and religious discrimination violates Title VII.”

Learn more at lc.org/professor.