Attorneys for Jim Leavitt threw the latest jab Tuesday in the back-and-forth legal battle between the University of South Florida and its former football coach.
Leavitt's primary attorney, Wil Florin, said he filed a motion Tuesday in Hillsborough County Circuit Court asking for an immediate evidentiary hearing regarding a public records request made to USF seeking material related to the school investigation that led to Leavitt's firing.
Florin's motion is in response to a USF motion filed April 26 to dismiss a large chunk of Leavitt's lawsuit, including the request for public records pertaining to the probe.
In the motion filed by attorney Rich McCrea, USF also contends portions of Leavitt's lawsuit are "either legally insufficient or redundant, immaterial, impertinent, and scandalous."
USF fired Leavitt with cause on Jan. 8 after a four-week university investigation into allegations he struck running back Joel Miller in the face and grabbed Miller by the throat during halftime of a Nov. 21 game. Leavitt sued the school in March, claiming the investigation and firing constituted a breach of contract.
USF officials will not comment on the legal proceedings until the case is concluded.
Meanwhile, Florin remains determined to force USF to turn over documents related to its investigation of Leavitt.
"Now that USF, a public institution, has been caught materially misrepresenting what key witnesses told investigators and the falsity of USF's public pronouncement that their termination process was fair, thorough and professional has been exposed, they are still going to extraordinary lengths to hide the truth from the public," Florin said in an e-mail Tuesday.
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