In a move that almost certainly removes the possibility of Mike Leach receiving monetary damages from his former employer, an appeals court has overturned a previous court’s ruling that the former Red Raider head coach’s suit against Texas Tech could continue.
In its ruling Friday, the 7th Circuit Court of Appeals denied the plaintiff’s contention that Tech waived its protection from lawsuits as a state entity and could thus be sued in a civil court for money Leach claims he’s owed. Instead, the appeals court ruled that Tech is immune from the monetary damages contained in Leach’s suit.
“We have felt all along that we would win, and we did win,” Tech attorney Dicky Gregg said in a statement released by the school.
“As we’ve maintained all along, the facts and the law were clear, and the Court of Appeals agreed. The breach of contract claim was properly dismissed, as were all other monetary claims.”
The ruling means that Leach can continue in his attempt to prove that he was dismissed without cause and that Tech breached his contract, but the school will not be subject to any future monetary claims. Barring, of course, a reversal of the appeals court decision; Leach’s attorney plans to to appeal the most recent ruling to the Texas Supreme Court.
