Jim Leavitt Files Suit Against USF

TAMPA, Fla. -- Former head football coach Jim Leavitt filed a lawsuit Monday against the University of South Florida and the USF Foundation, Inc., "for breach of written contractual promises" made to Leavitt in March 2008 and for refusal to comply with Florida Public Record laws.

The lawsuit, filed in Hillsborough County Circuit Court, indicated Leavitt was seeking "millions of dollars."

On Dec. 14, FanHouse reported Leavitt grabbed walk-on Joel Miller by the throat and hit him twice at halftime against Louisville. FanHouse's report prompted an investigation by the school that determined Leavitt had struck Miller, repeatedly lied to investigators and interfered with the four-week investigation, prompting Leavitt's firing on Jan. 8.

In a statement issued Monday by Wil Florin, Leavitt's attorney, Florin claims USF's investigation was "biased, flawed and legally unsupportable. USF materially misrepresented statements given by multiple player witnesses, two law enforcement officers and Coach Leavitt himself."
Florin also claims USF did not interview several eyewitnesses favorable to Leavitt and the school "cited legal authority in support of contract breach that USF officials inexplicably manipulated and/or misapplied to Leavitt's contract."

Florin also claims the school denied Leavitt his "constitutional rights" and violated the state's public record laws by failing to supply copies of witness statements taken during the investigation.

Because Leavitt was fired "with cause," the university said he would only be paid one month of his base pay -- or $66,667 -- as opposed to being fired "without cause," in which he would have been entitled to about 75 percent of his remaining seven-year contract, or about $7.1 million.

"The university stands by its decision and by its report," USF spokeswoman Lara Wade said Monday. "That report has been public, so there isn't anything to add at this time."

Two weeks ago, Miller said he would not pursue any legal action against Leavitt. His attorney, Barry Cohen, initially had said if Leavitt didn't give his client a "public apology," they might take legal action.

"I want to end any further speculation regarding the incident with my former coach," Miller said in a statement released by his attorneys on March 4. "I am not filing a lawsuit. I am not taking any legal action.

"I told the truth because it was the right thing to do, not to make money. I am not the one seeking money over this incident or needing friendly 'witnesses' in the pursuit of millions. I sought counsel for guidance, just like every other party did. Time has passed, most people understand what happened, and I am moving forward to more important things in my life."

Miller told FanHouse on Jan. 14 that Leavitt told Miller to meet him after midnight on Dec. 17 in a Tampa church parking lot to continue with the fabricated story that Leavitt had not him him.

"He [Leavitt] told me to bring everything that happened [during Miller's Dec. 16 testimony with USF investigators] and give him everything that me and the investigators talked about and to write it all down on a piece of paper," Miller told FanHouse on Jan. 14.

The clandestine meeting between Leavitt and Miller is not mentioned in Leavitt's 120-page lawsuit filed Monday.

A few days after Leavitt was fired, he said in a news conference that he had retained legal representation to get his job back and it wasn't about money.

"Why shouldn't I continue to be head coach at the University of South Florida?" Leavitt asked on Jan. 11. "I'm going to fight for it y'all. I know what's right and I know what's right in my heart and I'm not going to back down because I know what I'm saying is right."

Leavitt attended last month's NFL combine as a guest of the St. Louis Rams. He is still out of coaching and his Tampa residence recently was put up for sale with an asking price of $1.6 million.

Contact FanHouse senior writer Brett McMurphy at brettmcmurphy@gmail.com