LUBBOCK, Texas (AP)?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.
:: ::
In Friday?s ruling, the three-judge panel wrote that Leach needed ?good faith belief? that his lawsuit constituted making a report to an appropriate law enforcement authority, a requirement of the Texas Whistleblower Act.
Leach, who has a law degree, claimed that the university violated the whistleblower act by firing him after he filed his lawsuit.
The appeals court disagreed and suggested the argument shouldn?t have been made.
Leach, the judges wrote, had the ?savvy and intelligence? to field a Division I football team and keep current with NCAA rules along with several attorneys so he wasn?t ?left alone to sojourn? through a legal maze.
?Given this, we arrive at but one conclusion,? the panel said. ?In short, no evidence exists enabling us to conclude that Leach satisfied the objective prong of a good faith belief.?