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A judge ruled on Wednesday that fired Texas Tech coach Mike Leach's
lawsuit against the university can go forward but not as quickly as
his attorneys wanted.
State District Judge William Sowder denied a motion by
Leach's attorneys to speed up taking depositions from school
administrators and obtaining documents relevant to the case.
"I see no reason to give Mr. Leach any special treatment in
this case," the judge told the court. "So this case will take an
ordinary course of action."
Leach's attorneys said Sowder's denial doesn't jeopardize
their case.
"We're pleased with the court's decision today," attorney Ted
Liggett said after the hearing.
The university fired Leach on Dec. 30, two days after it
suspended him amid allegations he mistreated a player with a
concussion. His suit includes allegations of libel and slander,
breach of contract and violation of Texas' Whistleblower Act.
Leach has denied he mistreated the player, Adam James. The
sophomore receiver said his coach twice ordered him to stand for
hours while confined in a dark place during practice.
Sowder also ruled that the state's motion to dismiss the case
on grounds of sovereign immunity -- which means a state agency or
entity cannot be sued without permission from the Texas Legislature
or without a waiver based on a defendant's conduct -- will be taken
up at a later date.
Daniel Perkins, a lawyer with the state attorney general's
office, which is representing the university, declined to comment
after the hearing and deferred comment to his office.
The AG's office, in an email from spokesman Jerry Strickland,
said because of the pending litigation it had no comment "other
than what was addressed in court."
Sowder ordered the university to retain or preserve all
documents and e-mails related to Leach's firing.
Perkins told Sowder he believed the seven claims in Leach's
suit were an attempt "to pile on" accusations against the school
and that the judge could rule on their motion to dismiss the case.
"Based on their own arguments you have everything you need"
to take up the school's motion to dismiss on sovereign immunity
grounds, he said.
Leach attorney Paul Dobrowski told the judge Wednesday that
the coach "cannot get a job" due to the actions of the university.
"They don't want any discovery whatsoever," Dobrowski told
Sowder.
With allegations of player mistreatment hanging over his
head, Leach has been left out of discussions for openings at USC,
Tennessee, East Carolina and South Florida, Dobrowski has said.
Leach's agent attempted to set up interviews at the schools, he has
said.
Dobrowski said that it was "not asking for the moon" to allow
speedy depositions of university and athletic department
administrators; James; his father, ESPN analyst and former NFL
player Craig James; and a school attorney involved in investigating
the mistreatment allegation.
"We're simply asking for what they have in their possession.
... and certainly do not constitute a fishing expedition,"
Dobrowski told the judge.
He also said the university wanted to "twist" the facts in
their favor, and "that's not right."
In announcing his rulings, Sowder told Leach's attorneys that
he had "real issues" with six of the seven claims in Leach's suit.
"I think we all know what we're dealing with is a waiver of
conduct on the breach of contract" claim, Sowder said.
The school began an investigation Dec. 20 and suspended Leach
eight days later. On Dec. 29 Leach's attorney filed for a temporary
restraining order to allow Leach to coach in the Alamo Bowl on Jan.
2, and a judge set a hearing for Dec. 30.
Before the two sides made it into the courtroom to argue the
restraining order the university fired Leach with cause, meaning
the university believes it does not owe any of the money left on
Leach's five-year, $12.7 million contract.
Liggett said after the hearing that he wasn't prepared to
comment on whether the school has made overtures toward settlement
talks.
"We're not prepared to make a statement on that," he said.
"We're always ready to listen."
