Judge sides with Alabama in Ellis Johnson suit

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Posted 7:00PM on Friday, July 25, 2003

TUSCALOOSA, ALABAMA - A judge has ruled that former Alabama defensive coordinator Ellis Johnson can't sue the university because state institutions are immune from lawsuits under the state constitution. Tuscaloosa County Circuit Judge Charles Malone said in a written order Tuesday that Johnson should instead present his case to the Alabama State Board of Adjustment. Johnson, now Citadel's head coach, claims the university owes him money after his firing in December 2000. ``I find it very puzzling, and I guess very disturbing, that they can write, construct and issue a contract to an individual that says you can take it to a court of law when there's a dispute, when in fact you can't,'' Johnson told The Tuscaloosa News. Johnson said he might appeal Malone's ruling before presenting his case to the state Board of Adjustment. His Birmingham attorney, Nat Bryan, said the Board of Adjustment had been awaiting the outcome of the lawsuit before hearing the complaint. The board would decide whether the university owes Johnson money. Bryan did not know how long the proceedings might last. When Alabama fired him, Johnson had about a year and a half remaining on his contract, which required the university to pay Johnson until he found ``comparable employment,'' according to the court order. The university quit sending Johnson his monthly paychecks after he was hired at his alma mater on Dec. 21, 2000. Johnson claimed in the suit that The Citadel was not ``comparable employment'' because the program lacks Alabama's prominence and he makes less money than he did with the Crimson Tide, where his salary reportedly was about $122,000 in 2000. The Bulldogs compete in the Southern Conference in Division I-AA. Alabama officials contended that Johnson had found a comparable job. The judge did not rule on any of the factual arguments. He agreed with arguments from the university and the other two defendants, former President Andrew Sorensen and former athletic director Robert Bockrath, who also claimed immunity. It was one of several suits filed by former Tide coaches. Former head coach Mike Price has filed a multimillion dollar lawsuit against the university over his firing. Former running backs coach Ivy Williams and former recruiting coordinator Ronnie Cottrell, have filed a $60 million lawsuit against the NCAA, Alabama compliance officers and others. Like Johnson, they were assistants under Mike DuBose.