STA TE OF CONNECTICUT

RETURN DATE: JULY 12, 2022 SUPERIOR COURT

JOHN GALLAGHER, JUDICIAL DISTRICT OF HARTFORD

Plaintiff,
AT HARTFORD
V.

DAVID THOMPSON
Defendant. MAY 19, 2022

COMPLAINT

1. Plaintiff John Gallagher resides in West Hartford , Connecticut. At all times

relevant to this complaint, John Gallagher was the Head Coach of The University of

Hartford Men's Basketball Team ("Plaintiff' or "Coach Gallagher'). John Gallagher has

been Head Coach of The University of Hartford ("the University") Men's Basketball

Team since 2010 .

2. Defendant is David Thompson resides in Oak Park, Illinois. At the time of

the filing of this complaint, David Thompson is the current Vice Chair of the University's

Board of Regents ("Defendant" or "Thompson").

3. Coach Gallagher was named 2018 America East Conference Coach of

the Year. The team finished a historic 2017-2018 season with 19 wins and a 3.46 team

GPA.

4. In March 2019 the team advanced to the America East Semi Finals; four

members of the team earned All-America East Conference honors, and one was named

1st Team All-Conference. The team was invited to multiple post-season tournaments

(although not allowed to participate due to actions taken by the Director of Ath letics) and

brought in $292,000 in guaranteed game money. The team also had a 3.35 team GPA
for the spring semester of 2019. Later that year five members of the 2019 senior class

signed professional contracts to play basketball overseas.

5. Coach Gallagher's employment with the University is governed by a

contract designated as "Employment Agreement" between Coach Gallagher and

University, signed by Coach Gallagher and by President Gregory Woodward on behalf

of the University, dated January 10, 2020 (the "Employment Agreement"). The Contract

was effective on the date of signing, January 10, 2020, and has a term that runs to April

1, 2023.

6. Schedule A to the Contract provides a schedule of Annual Incentives that

Coach Gallagher would be eligible for based on the success of the Men's Basketball

program , including performance bonuses for (a) America East Regular Season

Championship (solo or shared) ; (b) America East Automatic Qualifier for NCAA

Men's Basketball Championship ; (c) Each win NCAA Men's Basketball Championship;

(d) NCAA Final Four Appearance ; (e) NCAA National Championship Appearance ; (f)

NCAA National Champions; (g) Conference Coach of the Year Award or Co-Coach of

the Year Award ; (h) National Coach of the Year (solo or shared).

7. On March 10, 2020, the Men's basketball team won the America East

Semi Final for the right to play in the America East Championship on March 14, 2020.

Unfortunately, due to the Covid19 pandemic, the America East, Championship, like so

many other athletic tournaments, was cancelled .

8. In March 2021, University's Men's Basketball Team, under the direction of

Coach Gallagher, won the America East Conference title for the first time in Un iversity's

history. As the winner of the America East Conference, University's Men's basketball

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team secured a bid to the National Collegiate Athletic Association Division I

Tournament, also for the first time in University's history. The first-round game of the

NCAA Tournament, in which Coach Gallagher's team lost to the eventual National

Champion Baylor, was broadcast in over 11 million homes, and University's name was

on approximately 40 million NCAA Tournament Bracket sheets throughout the country.

In the week leading up to, and the weeks following the game, members of the Men's

basketball team conducted over 150 interviews.

9. After returning from the NCAA Tournament in March 2021 , having heard

rumors of clandestine discussions about the possibility of the University proposing a

vote to move Athletics to Division Ill status, and aware that any such move would

significantly impact his professional and financial future , Coach Gallagher called David

Thompson, Vice-Chair of the University's Board of Regents on or about March 26,

2021 , but prior to April 2, 2021.

10. At the time of his call to Defendant on or about March 26, 2021 , Coach

Gallagher was on his way to a youth baseball practice and his conversation with

Defendant Thompson was witnessed by his co-coach, Peter Bishop, who was in the car

with Coach Gallagher at the time.

11 . During this call to Defendant Thompson on or about March 26, 2021 ,

Coach Gallagher told Mr. Thompson that he had heard that University might be

exploring a move to Division Ill status and using an outside feasibility study to justify the

move.

12. During this call to Defendant Thompson on or about March 26, 2021 ,

Coach Gallagher asked Defendant Thompson whether it was true that University might

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be exploring a move to Division Ill status and using an outside feasibility study to justify

the move.

13. During this call with Defendant Thompson on or about March 26, 2021 ,

Defendant Thompson denied there was a study stating , "I haven't heard of any study,

but there is no way we are going Division Ill.".

14. During the call with Defendant Thompson on or about March 26, 2021 ,

Coach Gallagher specifically asked Defendant Thompson if he was certain that the

University was not seeking to moving to Division Ill.

15. During the call with Defendant Thompson on or about March 26, 2021 ,

Defendant Thompson emphatically reassured Coach Gallagher that he was certain

there would be no move to Division Ill by stating , "Yes, I played Division I basketball at

Hartford. I would never let something like that happen . The school has set up

committees to explore saving money in a variety of areas. That is pretty standard . You

know how these things go."

16. During the call with Defendant Thompson on or about March 26, 2021 ,

Coach Gallagher then responded , "Ok. So again , I just want the truth here. There is no

study being done about us going to Division 111?"

17. During the call with Defendant Thompson on or about March 26, 2021 , in

response to the inquiry posed in paragraph 17, seeking the truth about whether there

was a study being done to move to Division Ill , Defendant Thompson answered, "No."

18. Defendant Thompson further stated the basketball team had just gone to

the NCAA Division I Tournament and there was no talk at the Board level about the

University initiating action to take the athletic programs to Division Ill.

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 19. During the call with Defendant Thompson on or about March 26, 2021,

Defendant Thompson told Coach Gallagher that "he should not be concerned at all

about these rumors. "

20. Following the March 2021 telephone call with Defendant Thompson, and

on or about April 2, 2021 , Coach Gallagher received an offer from Porter Moser, Head

Coach of the Men's Basketball program at Oklahoma University ("OU") to become the

Assistant Coach at OU.

21 . The offer made by OU included a substantial raise in compensation such

that Coach Gallagher would have earned $600,000 per year in salary, plus benefits.

22. While the offer made by OU Head Coach Moser included a provision that

the contract was subject to being renewed for an additional three-year period, Coach

Moser informed Coach Gallagher that the Head Coach contract was for six years and

so Coach Gallagher's contract would also be renewed for an additional three-year term,

resulting in a contract for employment at OU for a total of six years at $6000,000 a year,

plus benefits.

23. Based upon the assurances that he received from Defendant Thompson ,

Coach Gallagher turned down the offer of employment with OU, preferring to remain a

Head Coach of a Division I basketball program that was on an upward trajectory based

on the performance of the team in 2020-2021 .

24. Had Coach Gallagher accepted the offer from OU to be an Assistant

Coach in 2021 , he would have been in a position to consider acceptance of Head

Coach positions in 2022, including positions such as the Head Coach position at La

Salle University in Philadelphia, Pennsylvania.

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 25. On April 8, 2021 , the media reported that a confidential study was

presented to University's Board of Regents regarding the University secretly looking to

downgrade its athletic programs to Division Ill. The "Carr Report" was given to Dennis

House, a local television news anchor, and he interviewed the University's President on

live television about it.

26. In response to the news of the Carr Report, the Board of Regents

members received thousands of emails from students, fans and alumni protesting the

potential decision to downgrade the athletic programs from Division I to Division 111 .

27. On or about April 17, 2021 , Coach Gallagher called Defendant Thompson

again to ask him about the media reports, and once again asked him directly whether

the University was going Division Ill .

28. In the April 17, 2021 , call, Defendant Thompson again denied that

University was going Division Ill , stating, "There is no way we are going Division Ill."

29. When , during the April 17, 2021 , call, Coach Gallagher pointed out that a

study had been done, leaked to the press and that there was media coverage all over

about a move to Division Ill , Defendant Thompson sought to reassure Coach Gallagher,

stating that "Universities across America do these types of studies every year. It's

routine and it will allow us to reaffirm our commitment to Division I."

30 . Defendant Thompson ended the April 17, 2011 , call by telling Coach

Gallagher "All I can say is, we support you. Do not leave."

31 . During the month of April 2021 , Coach Gallagher was solicited by

additional mid-major programs and offered substantial increases in compensation to join

such programs as an Associate or Assistant Coach but declined to pursue such

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activities in reliance upon his contract as a Head Coach in a Division 1 program and in

reliance upon the assurances provided by Defendant Thompson .

32. In late April 2021 , prior to the vote on May 6, 2021, referred to below, Vice

President for Institutional Advancement, Kate Pendergast, made multiple telephone

calls to athletics donors telling them that the move to Division Ill was a "done deal" and

that they should "get on board" with it.

33. On May 6, 2021, University's Board of Regents voted to begin the process

of reclassification of its Department of Athletics to Division 111.

34. After the vote of the Board of Regents, Coach Gallagher again called Mr.

Thompson at the endo of May 2021 .

35. Given that Coach Gallagher had received several lucrative offers for

coaching opportunities at other educational institutions that he had not pursued because

of Defendant Thompson 's assurances, Coach Gallagher felt that Mr. Thompson had

deliberately lied to him and betrayed his trust.

36. When Coach Gallagher finally spoke to Defendant Thompson at the end

of May 2021, Coach Gallagher asked him where things stood at this point.

37. In the phone call with Coach Gallagher at the end of May 2021 , Defendant

Thompson again assured Coach Gallagher that a move to Division Ill would not

happen , despite the Board of Regents vote, and that the Board could reconvene in

September and vote again.

38. In the phone call with Coach Gallagher at the end of May 2021 , Defendant

Thompson stated that he did not believe the University would go Division Ill and that he

did not believe a move to Division Ill was "good for the school."

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 39. During the 2021-22 basketball season, the University took actions

detrimental to the Men's basketball program .

40. During the 2021-22 basketball season, the University terminated the

employment of four management individuals in the Athletics Department.

41. During the 2021 -22 basketball season, the University downgraded the

daily stipends for student-athlete meals.

42. During the 2021-22 basketball season, the University cut significant

amounts of money, amounting to approximately $50,000 from Coach Gallagher's

$400,000 budget for the Basketball Program that had been approved in June of 2021 .

43 . During the 2021-22 basketball season, the University cut scholarships for

student-athletes, contrary to the rules of the NCAA for Division I programs.

44 . During the 2021-22 basketball season, the University denied flights for the

Men's Basketball team to travel to out-of-state games, contrary to past practice.

45 . During the 2021-22 basketball season, the University harassed Coach

Gallagher and players on the Men's Basketball team by, among other things, canceling

the credit card of the basketball program's Director of Operations, denying use of

fundraising money for use in courting donors and for use in arranging charter flights to

promote student-athlete wellness, cancelling workouts, denying the use of scholarships,

interfering with the scheduling of games, requiring that the team follow Division Ill rules

resulting in no summer workouts or summer courses for players, delaying practice

sessions until October 15 as opposed to late August in Division I, and shortening the

season to 25 regular season games over 19 weeks as opposed to 31 regular season

games and a much longer season in Division I ..

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 46 . During the 2021 -22 basketball season , the University formally withdrew

from the America East Conference without joining another conference.

47. On August 19, 2021 , Dr. Sharon Beverly, Acting Vice President of

Athletics and Recreation , announced that as of the 2022-2023 season, the entire

Athletics Department would be Division I independent.

48. On February 16, 2022, University sent an announcement to all student-

athletes, officially notifying them that University had filed its application with the NCAA

to move from Division I to Division Ill and that a decision was expected in March 2022 .

49. The University's withdrawal from the America East Conference, its final

decision to move from Division I to Division Ill , cutting the budget for the Men's

Basketball program and the subsequent withdrawal of scholarships for existing players

and to recruit players for the 2022-2023 season has had a swift and devastating impact

on the Men's Basketball program.

COUNT ONE: FRAUD

50. Based on the foregoing , Defendant David Thompson has committed fraud

in his dealings with Coach Gallagher.

51. The statements made by David Thompson to Coach Gallagher set forth

herein which provided assurances to Coach Gallagher that the University had not

engaged in studies and had no plans to move athletic programs from Division I to

Division Ill were knowingly false and designed to mislead and manipulate Coach

Gallagher into remaining the Head Coach of the University's Men's Basketball team.

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 52 . Coach Gallagher relied upon these fraudulent statements by foregoing

lucrative coaching opportunities that were presented to him following the 2020-2021

season.

53. Defendant Thompson acted with reckless indifference to Coach

Gallagher's rights not to be defrauded.

54. As a result of the fraud , Coach Gallagher has suffered damages based

upon the loss of increased compensation and benefits from positions that he declined to

pursue in April of 2021 , including the OU offer in April of 2021 .

55. As a result of the fraud , Coach Gallagher has suffered damages based

upon the loss of increased compensation and benefits from positions that he was

prevented from obtaining in 2022 , including La Salle University.

56. As a result of the fraud , Coach Gallagher has suffered damages based on

the harm to his reputation, emotional distress, the loss of enjoyment of life's activities

related to the destruction of coaching career opportunities and to his prospects as a

Head Coach in a Division I program.

COUNT TWO: NEGLIGENT MISREPRESENTATION

1-49. Paragraphs 1 through 49 of Count One are incorporated by reference and

made paragraphs 1 through 49 of Count Two as though more fully set forth herein.

50. The statements made by David Thompson to Coach Gallagher set forth

herein which provided assurances to Coach Gallagher that the University had not

engaged in studies and had no plans to move athletic programs from Division I to

Division Ill were false.

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 51 . Defendant Thompson knew, or should have known , that the statements he

made to Coach Gallagher set forth herein were false

52. Based on the foregoing , Defendant Thompson failed to exercise due care

in obtaining and/or communicating information that was relied upon by Coach Gallagher

regarding the University's plans to move to Division Ill.

53. Coach Gallagher relied upon these misrepresentations and as a result

declined lucrative coaching opportunities that were presented to him following the 2020-

2021 season, including the OU offer in April of 2021 .

54. As a result of the misrepresentation , Coach Gallagher has suffered

damages based upon the loss of increased compensation and benefits from positions

that he was prevented from obtaining in 2022, including La Salle University.

55. As a result of the negligent misrepresentation , Coach Gallagher has

suffered damages based upon the loss of increased compensation and benefits from

positions that he declined to pursue.

56. As a result of the negligent misrepresentation, Coach Gallagher has

suffered damages based on the harm to his reputation, emotional distress, the loss of

enjoyment of life's activities related to the destruction of coaching career opportunities

and his future prospects as a Head Coach in a Division I program .

DEMAND FOR RELIEF

WH EREFORE, Coach Gallagher claims judgment against Defendant David

Thompson, and :

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1. Economic and Non-Economic compensatory damages, including but not limited

to, damages to compensate for past and future lost wages and benefits,

emotional distress, loss of enjoyment of life, and harm to reputation ;

2. Punitive damages ;

3. Interest and costs ;

4. Such other relief as in law or equity that may pertain.

PLAINTIFF,
JOH GALLAGHER

renteau
ii 1am . Madsen
Madsen, Prestley & Parenteau, LLC
402 Asylum Street
Hartford CT 06103
P: (860) 246-2466
F: (860) 246-1794
Email: jparenteau@mppjustice.com
Email : wmadsen@mppjustice.com
His attorneys

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 STA TE OF CONNECTICUT

RETURN DATE: JULY 12, 2022 SUPERIOR COURT

JOHN GALLAGHER, JUDICIAL DISTRICT OF HARTFORD

Plaintiff,
AT HARTFORD
V.

DAVID THOMPSON
Defendant. MAY 19, 2022

STATEMENT OF AMOUNT IN DEMAND

The amount in demand is greater than $15,000.00, exclusive of interest and

costs.

PLAINTIFF,
JOHN GALLAGHER

B
J cq
illi adsen
adsen, Prestley & Parenteau , LLC
402 Asylum Street
Hartford CT 06103
P: (860) 246-2466
F: (860) 246-1794
Email: jparenteau@mppjustice.com
Email: wmadsen@mppjustice.com
His attorneys

13