Mike Leach versus Texas Tech continues with both parties today filing more versions of "their side of the story."
The first legal blow today struck by Leach's camp, filing more detailed court papers this morning. The University then filing its own legal motion, asking the judge to dismiss the entire case.
This makes the third amended petition from Leach's camp. Today, new amendments outlining several more causes, including the claim that Tech is denying Leach's constitutional rights.
Paul Dobrowski, Leach's Head Counsel: "We want to show that indeed Coach Leach did nothing wrong. He has nothing to apologize for, he acted properly. For a university, or for any state agency, in this state, to take an action and terminate an employee who's simply exercising his rights given to him, not only by the constitution, but by contract, is just flat wrong. And we're not going to stand for it."
You'll recall, Texas Tech filed for 'sovereign immunity' last week -- a defense that prohibits a public employee like Leach, to sue the state without their permission. On Tuesday -- newly hired head counsel Paul Dobrowski says that defense is null under the state's Whistleblower Act. It waives 'sovereign immunity' in cases where public employees are terminated for reporting illegal conduct.
Dobrowski: "Mike Leach was terminated for pursuing his constitutionally protected right to file a lawsuit."
Of course, the lawsuit goes back when allegations of Leach's mistreatment of player Adam James first developed. Tuesday's documents claim Leach cooperated with Tech's attorney Charlotte Bingham in an investigation Leach says he was told was 'no big deal,' that it was merely a legal protection should the James family sue the university. Documents also discuss talk of the letter Leach refused to sign in December. His attorneys say Leach refused because he thought signing would be admission of mistreating James. They also say his contract did not require him to sign such a letter, that no deadline was given to do so, and that an investigation was going to happen regardless.
All this, Leach's camp claims led to his suspension, his termination, and now -- this legal battle.
Dobrowski: "Coach Leach had no other alternative because, obviously at the time when he filed a lawsuit, he had been suspended without due process, which was a violation of his constitutional rights, and through Mr. Liggett, he sought remedy through the courts."
His attorneys say they're looking for at least the rest of Leach's contract in damages, a 5-year deal of $12.5-million, of which he only served one year.
Dobrowski: "I think that it's obvious to everyone that Coach Leach has been materially harmed in terms of his reputation, and in terms of his ability to make a living. They know what they've done wrong, they know the amount of money that he is owed, and they can pick up the phone and give us a call."
Dobrowski says no settlement has been discussed with Tech, but says Leach is open to that talk. The hearing is still a go for next Wednesday, 10 a.m. at the Lubbock County Courthouse.