Leach's lawsuit accuses Hance & others of fraud, deception - KCBD NewsChannel 11 Lubbock

4/18/10

Leach's lawsuit accuses Hance & others of fraud, deception

By James Clark | email

LUBBOCK, TX (KCBD) – On Friday KCBD NewsChannel 11 reported that fired Texas Tech football coach Mike Leach expanded his wrongful termination lawsuit.  It now names, as individual defendants, Chancellor Kent Hance, President Guy Bailey, Athletic Director Gerald Myers, two Regents, a TTU staff attorney, and EPSN Commentator Craig James.   KCBD NewsChannel 11 decided to go back and look deeper at the language of the updated lawsuit.

On page 20 of the updated lawsuit, it says Hance and others began the process of "falsifying" an investigative report on Leach's conduct toward player Adam James. It goes on to say that this was the false pretext by which Texas Tech fired Leach.

On page 23, Leach's lawyers argue that Texas Tech waived certain legal defenses by promising employees due process.  Leach's lawsuit says that according to Texas Tech's Operating Policy and Procedures, he's guaranteed the right to be heard in court after he's fired.  If so, Texas Tech not would not have the right of Sovereign Immunity.

On page 30, the lawsuit says Hance and others were illegally and intentionally deceptive in their contract negotiations with Leach in late 2008, and as such it was outside the scope of their duties as Texas Tech agents and representatives.  

Neither Texas Tech nor the specific individuals named in the lawsuit have had a chance to respond in court records. But TTU's Attorney Dickey Greg released this written statement Friday: "Today's action by Mike Leach and his attorneys is another absurd act of desperation. This is the legal strategy one deploys when the facts and the law are irrefutably against him."

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