LITTLE ROCK -- Nolan Richardson says it was never his understanding that he would give up any rights by signing contracts with the University of Arkansas and the Razorback Foundation.

In a response filed Wednesday to requests for dismissal of a suit filed by the former Arkansas basketball coach, he said he didn't believe he was barred from suing the university, its officers and the foundation, nor has he ratified his firing by cashing his buyout checks.

Lawyers for the university had asked the U.S. District Court to dismiss Richardson's suit, arguing there was no genuine issue to be tried. They said their contract with Richardson, who was fired on March 1, 2002, gave them the right to dismiss him.

But in a signed affidavit, Richardson said the contract did not require that he give up his right to sue.

"During the (contract) negotiations, no one ever communicated to me that by signing the agreements I would waive the right to later make a claim that the university's exercise of the convenience clause violated my rights to freedom of speech and to be free of racial discrimination in employment,'' Richardson said in the affidavit. "I understood that I would continue to enjoy these rights like other citizens.''

Arkansas fired Richardson one year into a seven-year contract, after he had served as head coach 17 years, and it bought out the remaining six years of his contract for $500,000 a year.

Richardson sued the university system, the chancellor and athletic director of its Fayetteville campus, and the Razorback Foundation, which supports university athletics on Dec. 9, 2002. His suit claims that he was fired because he is black and outspoken.

Richardson's lawyers filed a 30-page brief opposing the university's call for dismissal. The filing included 42 pages of exhibits and response to the university's citation of 23 facts that supposedly were not in dispute.

In its filing on April 9, the university asked a federal judge to dismiss Richardson's lawsuit, saying it had a right to fire the coach and that his acceptance of money from a financial settlement should bar his lawsuit against the school.

"The release and discharge provisions of his contract are clear and unambiguous,'' the school said. "They were knowingly and voluntarily agreed to by Richardson following lengthy negotiations.''

However, Richardson claims in his filing Wednesday that by signing the contract on Oct. 12, 2000, he did not "waive any legal claims against'' the school or the foundation.

To further support his lawsuit, Richardson's lawyers said in Wednesday's filing that, as a public employee, the coach could not be deprived of his First Amendment rights as a condition of employment. The filing sites four U.S. Supreme Court cases where an employee is allowed to comment on matters of public concern.

In one case from 1977, the Supreme Court ruled that "the employee must prove that his constitutionally protected conduct was a motivating factor'' in action taken against him. It adds that the "employer will prevail if it can show that it would have made the same decision regardless of the protected speech.''

Richardson agreed with 21 of the 23 matters presented by the university as undisputed facts. However, he denied that an independent contractor relationship existed between him and the Razorback Foundation, which has separately asked to be dismissed from the lawsuit.

Richardson also denied that the defendants and the foundation have complied with all of their obligations. He said the foundation has placed stipulations that are not in his employment contract on the past three monthly checks for $41,666.66 he has received.

The checks now include the following statement: "By endorsement you acknowledge that this check does not waive any rights of the Razorback Foundation Inc. for repayment of this amount as may be ordered by an appropriate court. This entire check and any previous payments are subject to a final judicial determination.''

The university now has the right to respond to Richardson's filing.

A trial has been set for May 3, 2004.

During his 17 seasons with the Razorbacks, Richardson led the team to the NCAA title in 1994 and to the championship game in 1995. He was dismissed with one game left in the 2001-02 season.