Gillispie Sues Kentucky Athletic Assoc.

Former University of Kentucky basketball coach Billy Gillispie filed a federal lawsuit Wednesday in Dallas against the University of Kentucky Athletic Association, his employer while he worked for the University of Kentucky.

Gillispie's lawsuit states that the UKAA has not paid him the $6,000,000 it still owes him from his contract. Gillispie is also seeking all recoverable consequential damages, attorney's fees, costs of Court, as well as post-judgment interest at the highest legal rate on all of his damages. Gillispie is also seeking exemplary or punitive damages as allowed by law.

The lawsuit alleges "Defendant has breached its written contract with Coach Gillispie by failing, without legal excuse to perform its contractual obligations."

In the lawsuit Gillispie states he signed a seven-year contract with UKAA with an option for a two-year extension.

The lawsuit points out Kentucky Athletics director Mitch Barnhart "took the remarkable position" that the two sides never reached an employment agreement.

Gillispie's federal lawsuit points out he is entitled to specified payments if he is terminated without cause.

"A termination without cause by the University provision that will require payment of $1,500,000 per year for the remainder of the term of the contract, provided the payment for termination without cause shall not exceed 48 months," according to the lawsuit.

The lawsuit states: "Since the date of his termination, defendant has refused to honor the very signed, written agreement with Coach Gillispie which the General Counsel for the University of Kentucky described in November of 2007 as contain (ing) all the basic terms needed for an employment agreement, and can itself serve as the employment contract for the Coach.

"Coach Gillispie performed the signed, written contract, and honored his word to UKAA. Unfortunately, because Defendant refuses to do likewise Coach Gillispie files Original Complaint in a final effort to require UKAA to honor its signed, written contract with him," according to the lawsuit.

Gillispie was fired March 27 after two years as head basketball coach at Kentucky.

Gillispie's lawsuit also alleges the UKAA has committed fraud.

"Texas law provides that when a party enters into a contract with no intention of performing it, that misrepresentation may give rise to a cause of action for fraud," the lawsuit stated.

Gillispie also alleges tortuous interference by UKAA because he has suffered monetary loss as a result of UKAA's "tortuous conduct."

According to the lawsuit when Kentucky first contacted Gillispie about its basketball job he was in the process of negotiating a new seven-year contract with Texas A and M where he was employed at the time.

The lawsuit states that new deal would have paid Gillispie an annual salary of $1.75 million. The proposed deal was to run through 2015 and if Gillispie had stayed with the Aggies through 2012 he would have received an additional $1 million. If he had stayed through 2015 he would have received yet an additional $750,000. The contract with Texas A and M was never formalized.

In his lawsuit against UKAA Gillispie alleges "defendant intentionally interfered with Coach Gillispie's contract negotiations with Texas A and M through its fraud as well as fraudulent misrepresentation and inducement."

The lawsuit states had defendant not interfered during Gillispie's negotiations with Texas A and M, Gillispie would have gladly remained the head basketball coach with the Aggies.

Gillispie is asking for a trial by jury. One of his attorney's is Demetrios Anaipakos.

"I can confirm we have filed the lawsuit," Anaipakos said in an interview Wednesday with FOX 26 Sports. "For the time being Coach Gillispie prefers to let the lawsuit speak for itself.

"We look forward to our day in court."

Jimmy Stanton, executive director of public relations and marketing for the University of Kentucky, issued the following statement:

"The University of Kentucky learned of the lawsuit filed in Texas by Mr. Gillispie late this afternoon, which is surprising as the university was continuing to negotiate a separation in good faith and his counsel had asked for more time. Since this now involves pending litigation, the university will not be able to discuss any further details of the case."

The university is being represented in the matter by Steve Barker of Sturgill, Turner, Barker & Moloney in Lexington.

Gillispie's attorney does not see how UK is surprised by the lawsuit.

"I have had no contact with the University of Kentucky yet, but I find it hard to believe they were surprised by the lawsuit since they have had since March 27th to honor their contract with Mr. Gillispie and they haven't," Anaipakos said. "

In two years at Kentucky Gillispie was 40-27 including 22-14 during the 2008-2009 season.

He was named Southeastern Conference Co-Coach of the year after his first season with the Wildcats.