Former University of Cincinnati men's basketball coach John Brannen has changed course in his lawsuit against the university and its administration.
Brannen, who sued UC, UC President Neville G. Pinto and UC Director of Athletics John Cunningham in May following his firing in April, has dropped his lawsuit in federal court and refiled a suit in the Ohio Court of Claims.
A UC source told The Enquirer on Wednesday that Brannen dismissed the federal suit without reaching a settlement with the university.
More:UC asks federal court to toss fired basketball coach John Brannen's lawsuit against it
The court handles money claims against the state and its entities. Cases before it are decided by a judge or magistrate; there are no jury trials in the Court of Claims.
State law requires the dismissal of a federal lawsuit before filing a state suit in Ohio.
Defendants in Brannen's refiled lawsuit are UC and the state. Neither Pinto nor Cunningham is listed in the refiled suit because the Court of Claims doesn't take cases against individuals.
Brannen is seeking "damages; declaratory, equitable, and injunctive relief; and costs for the bad-faith breach of contract, in violation of the covenant of good faith and fair dealing," according to the lawsuit.
Brannen is seeking "compensatory damages in an amount to be proven at trial" and other legal fees, the refiled suit said.
Brannen filed the state suit Oct. 1. UC has until Nov. 3 to respond.
Brannen, who was let go April 9 after two seasons, was seeking compensatory damages, punitive damages, and a more than $5 million buyout he said he was due in the federal lawsuit filed May 21. Brannen also was asking for a jury trial in the case.
The university in August filed a motion asking a federal judge to dismiss Brannen's initial suit. A deadline for a decision on that motion was nearing when the federal case was dismissed.
Brannen's original federal suit was 66 pages. The Ohio Court of Claims suit is 32 pages.
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