ESPN.com - NCB - Indiana: 'Charges are frivolous'

With a Friday deadline looming for Knight to take action, Knight's attorney, Russell Yates, sent Indiana University a letter notifying the school of Knight's intention to file suit.

Friday, March 9
The letter that Bob Knight's lawyer sent to Indiana about his intent to file suit is just a litigation tactic to try and force a settlement. Knight feels the university still owes him money, as does his son, Pat Knight.

What neither side wants is discovery in a lawsuit. It's one thing to answer a reporter's questions; it's another thing to answer things under oath. If either side wished to embarrass the other, it seems like there is plenty of areas to explore.

There is no such thing as "no comment" under oath. And it is amazing how truthful someone becomes after taking the oath and testifying under penalty of perjury. And neither side wants that.

If depositions ever occurred in the Knight-Indiana soap opera, they could sell standing-room-only tickets to that in the RCA Dome. They could settle, but it depends what each side is willing to endure.

From my experience as a trial lawyer, people tend to get a lot more reasonable when they are under oath answering questions. I would be very surprised to see a lawsuit filed, but it's an interesting threat.

Thursday's letter calls Knight's termination "wrongful" and accuses the university of slander, libel, inflicting emotional distress and interfering in Knight's subsequent job search. Yates' letter claims the university's actions cost Knight more than $7 million.

"If the university doesn't negotiate with us, we have no choice but to sue," Yates said.

Knight had 180 days to notify the university of his intention to sue. By sending the letter, Knight could file suit in the next two years.

Knight was fired Sept. 10 after 29 years at the school for violating the university's "zero-tolerance" policy. The firing came after Knight grabbed a freshman student by the arm and lectured him on manners after he greeted the coach informally.

Yates said Knight was driving to his home in Arizona after he spent time with the St. Louis Cardinals at spring training in Jupiter, Fla., and was unavailable for comment.

Yates said Knight, who reportedly has talked to Texas Tech about coaching there, was unaware the lawyer sent the letter.

"He's concentrating all his energies on preparing for coaching next year," said Yates, who has known Knight for 25 years. "He's going to be surprised, but I had no choice.

"He lets me make the legal judgments."

The letter also claims that the university violated the state's Open Door Law and that the impact of university's actions caused Knight to suffer lost income, pain and suffering and mental humiliation.

"We were disappointed and even taken aback to hear the allegations contained in the notice of tort claim," university spokeswoman Susan Dillman said. "The charges are frivolous and totally without merit."

John Walda, president of Indiana's Board of Trustees and one of the co-chairmen of a university investigation into Knight's conduct last spring, said he was surprised by Knight's action.

"Since I'm familiar with the background, I know the allegations are not supported factually," he said. "They border on being frivolous."

Yates said he has attempted to reach an out-of-court settlement, negotiating with the university's law firm, but that no progress has been made.

Knight's contract, first signed in 1982 and extended three times after that, says he will forfeit deferred pay if, after leaving Indiana, he joins a Division I basketball program in Indiana, Kentucky or the Big Ten.

Yates said in September that if Knight could not rescind that clause that he would take legal action. Yates said the restriction is based on the presumption that Knight developed special knowledge at Indiana that he should not use against the Hoosiers.

Thursday, though, both Yates and Dillman expressed their hope that the dispute would not go to court.

"This is not a lawsuit, it is simply a step in the process," Dillman said. "We certainly would hope that he does not choose to pursue this further."

The problem, Yates said, is what has transpired since Knight's dismissal.

"We have concerns that the administrators are talking to other college administrators and that is a violation of tort. That is damages," Yates said. "(Indiana President) Myles Brand loves to talk, and he's tried to make himself a public figure over the firing of Bob Knight. I think he continues to do that, and one day, he's got to pay the piper."

Knight had a 661-240 record with three national championships during his career at Indiana and ranks fifth with 763 career victories, including his time as Army's coach.

Controversy is nothing new to Knight, who has become embroiled in a number of incidents through the years, including one almost a year ago when former player Neil Reed claimed Knight choked him during a practice.

The university started an internal investigation, led in part by Walda. It turned up a videotape that showed Knight putting his hand around Reed's neck.

That led to the university imposing the "zero-tolerance" policy on Knight.

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