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Leach v. Texas Tech University

The issue is whether the common law doctrine of sovereign immunity barred Mike Leach's suit against Texas Tech University (the university), its chancellor Kent Hance, its regents Jerry Turner and Larry Anders, its president Guy Bailey, its athletic director Gerald Myers and its employee/attorney Charlotte Bingham. Applying the doctrine via a plea to the court's jurisdiction, the trial court dismissed all but one cause of action averred by Leach. The trial court refused to dismiss it because the university waived its immunity from suit. The following portions of the trial court's order are reversed: 1. dismissal, for want of jurisdiction, of Leach's due course of law claim and request for non-monetary declaratory and equitable relief founded upon it; and 2. conclusion that Texas Tech University waived its sovereign immunity from the breach of contract claim due to its conduct. The appellate issue involving whether the trial court properly dismissed Bailey, Myers and Bingham is dismissed for want of jurisdiction. Leach's claim of breached contract against the university is dismissed. The remainder of the order granting the pleas to the trial court's jurisdiction is affirmed. Amarillo Court of Appeals, No. 07-10-0247-CV, 01-20-2011

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Opinion

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient. *fn1 [1]

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