Appeals Court Upholds Richardson Firing
University officials vindicated by ruling
Last updated Friday, May 26, 2006 11:44 PM CDT in News
By Ron Wood
The Morning News
FAYETTEVILLE -- Nolan Richardson was not fired for being an outspoken black man, a federal appeals court ruled Friday.
The 8th U.S. Circuit Court of Appeals rejected Richardson's appeal of his racial discrimination and free speech lawsuit, saying evidence supports the conclusion university officials decided to fire Richardson a day prior to a nationally televised outburst many thought contained racial overtones and a day after he said the school could buy out his contract.
"Substantial evidence in the record supports the district court's conclusion the decision to fire Richardson was made by White and Sugg on Feb. 24, 2002, several hours before Richardson even uttered his comments at the Feb. 25 news conference," according to Friday's opinion from the three-judge panel.
University officials said the ruling was thorough and well-reasoned.
"I'm very pleased that the court upheld the ruling of Judge Wilson," John White, chancellor of the University of Arkansas, said Friday in Little Rock. "I was confident they would, but you just never know."
U.S. District Judge William R. Wilson in Little Rock heard the case originally.
Frank Broyles, university athletic director, did not return a telephone message left at his home Friday.
Richardson said early Friday he could not comment on the decision until after speaking with his attorney, John Walker.
Walker told the Associated Press later Friday the coach's complaint against the university had a positive impact on the school. He noted Friday the university this week announced Cynthia Nance, a black woman, would serve as dean of its law school.
"I would ask whether or not that would have happened ... if Mr. Richardson had not gone forward," Walker said. "When black people or people in general assert their rights under the law, we profit as a people."
Richardson could still petition the U.S. Supreme Court to hear the case on appeal but the odds are heavily stacked against the high court deciding to accept the case. The court accepts only a relative handful of the thousands of cases submitted each year, most on the basis of whether they would clarify a conflict of existing law among lower courts or they involve a matter of extreme national importance.
The decision to fire Richardson came after comments he made at a Feb. 23 news conference following a loss at Kentucky, university officials said.
"If they go ahead and pay me my money, they can take the job tomorrow," Richardson said.
Richardson, whose Razorbacks won the 1994 NCAA Championship and were runners-up the next year, said the decision to fire him after 17 years at Arkansas came later, after he made racially charged comments at a Monday, Feb. 25, 2002, news conference.
But, White and Broyles said Richardson was fired because they believed he'd lost confidence in the athletic program and wanted out of his contract, based on that statement and statements he made to others at the university.
"They (school administrators) ... believed these comments to have a negative impact on fan support and other aspects of the program. Likewise it undermined their confidence in Coach Richardson's leadership for the future," Appeals Court Judge Arlen Beam wrote.
"The record amply supports a conclusion that Richardson's statement had a detrimental impact on the effective functioning of the public employer's enterprise -- namely, the university's total athletic program," Beam wrote. "This public interest clearly outweighed any First Amendment privilege Richardson allegedly may have had in the making of the comment."
The court also noted Richardson had been given a chance on Feb. 28 by White and Broyles to retire so they would not have to fire him, telling Richardson they had concluded it was time for a change in leadership of the basketball program. Richardson refused and was fired. That decision was reviewed and upheld by B. Alan Sugg, president of the University of Arkansas System.
Richardson was officially fired March 1, 2002. He sued the following December.
Wilson threw out Richardson's lawsuit in July 2004. Wilson ruled the coach was fired because of the comments he made after the loss at Kentucky, that the university could buy out his contract, not because of his race or comments he made about race.
But, Wilson also pointed out that there was plenty of blame for the failed relationship and hard feelings to go around.
The judge noted, for example, Broyles' public use of a racial epithet in repeatedly urging a reporter to write a story comparing it to Richardson's use of the term "redneck SOBs."
"This solicitation can hardly be seen as anything but a willingness to 'stir the racial pot,"' the judge said in his ruling. "These statements were made at a time when Broyles, a decision-maker, was considering Richardson's termination. I find that this is direct evidence of discrimination."
But the judge did not consider the evidence because it occurred before Richardson signed a new contract containing a release clause.
Richardson sought a total of $8.86 million, which included back pay, other lost compensation and $2 million in damages.
Initially, Richardson wanted his job back, but he later said he didn't want to displace his replacement, Stan Heath, and couldn't work under Broyles and White again.
The Razorback Foundation, a fund-raising vehicle for the Arkansas athletic department, is paying Richardson $500,000 a year until 2008 to buy out his contract.
-- The Morning News' Arkansas News Bureau and the Associated Press contributed to this report.
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