Leach’s Texas Tech lawsuit is thrown out

Associated Press

LUBBOCK, TEXAS

A Texas appeals court threw out former coach Mike Leach’s breach of contract claim against Texas Tech on Friday, though it said he could still pursue non-monetary claims against the school over his controversial 2009 firing.

Leach did not immediately respond to a text message and couldn’t be reached by phone.

“We won,” Texas Tech attorney Dicky Grigg said. “The court has held that he has no monetary claims against the school.”

University attorneys had argued that Leach could not sue the school because Texas Tech is a state entity with sovereign immunity, meaning it can only be sued with permission from the state Legislature or a waiver based on a defendant’s conduct.

A trial court ruling went against the school, but the latest decision from the 7th Court of Appeals upheld Texas Tech’s assertion of immunity.

Leach’s attorney, Paul Dobrowski, said he plans to appeal the issue to the Texas Supreme Court. He said the ruling noted that the state’s highest court “is unclear regarding waiver of sovereign immunity” through conduct.

“In essence, the doctrine permits state institutions such as Texas Tech to deny a man’s written contractual rights and steal his hard-earned labor while paying nothing,” Dobrowski said. “That is not fair and not what Texas and its citizens stand for.”

The school fired Leach on Dec. 30, 2009, two days after suspending him amid allegations he mistreated a player with a concussion. Leach has denied mistreating Adam James, the son of ESPN analyst Craig James, and has said he suspects an $800,000 bonus he was due Dec. 31 was the reason he was fired.

The appeals court ruling allows Leach to try to show Texas Tech’s reasons for firing him were wrong, but without monetary relief.