In an affidavit, Mike Leach stated "I have never and would never intentionally harm or endanger a player. I am committed to Texas Tech University and the well being of my football players."
The legal cloud surrounding Mike Leach and Texas Tech University is going to get a little more clear today (unless Leach’s motion to continue is granted). There is a hearing scheduled today in the 99th District Court, Lubbock County, Texas regarding cause number 2009-550,359; Mike Leach vs. Texas Tech University.
Leach’s attorneys are going to argue before the court that the legal proceedings need to be sped up and to expedite depositions and document exchange primarily for the whistleblower claim. The underlying cause of actions are libel, slander, breach of contract and violation of Texas’ Whistleblower Act.
Why the need for speed? With the seriousness of the allegations, Leach’s coaching career and his ability to earn seven figures is on hold and he has presumably been a non-factor when schools were conducting their coaching searches.
With this pending lawsuit, no school would dare go near Leach. As of late, his name was not even in consideration for the recent openings at USC, Tennessee, ECU, University of South Florida, and other D-1 and D-II programs needing a new head coach.
Texas Tech’s attorneys, Dicky Grigg and Daniel Perkins, have a strong case to get this claim dismissed all together. Basically, their argument is simple–dismiss the claims on sovereign immunity grounds. What this means is, a state agency or entity cannot be sued without permission from the Texas Legislature.
Leach’s attorneys are well aware of this, so their strongest rebuttal would be that this argument lacks merit because of the whistleblower claim. That may be true, but unfortunately for Leach, he failed to exhaust the university’s appeal process before filing this claim. Failing to do so is like a dagger in the heart.
This case could be dismissed without prejudice and Leach would be back to square one–unemployed with serious player allegations looming over his head.
The Matador will keep you updated on Leach’s legal proceedings.
