University of Incarnate Word and Christopher Carter v. Valerie Redus, Individually, and Robert M. Redus, Individually and as Administrator of the Estate of Robert Cameron Redus, 04-15-00120-CV

Rice University (private) commissions and employs peace officers under Tex. Educ. Code §51.212; Gary Spears was a commissioned Rice peace officer.
Spears arrested Rasheed Refaey for DWI and related offenses after a vehicular encounter; charges were later dismissed.
Refaey sued Rice and Spears for false imprisonment, negligence, assault, and IIED alleging unlawful arrest/detention.
Defendants moved for summary judgment asserting official immunity; trial court denied the motion.
Defendants sought interlocutory appeal under Tex. Civ. Prac. & Rem. Code §51.014(a)(5) (denial of summary judgment based on assertion of immunity by an officer or employee of the state).
The court of appeals dismissed for lack of jurisdiction, holding Spears was not an “officer or employee of the state”; Texas Supreme Court granted review.

Issue	Plaintiff's Argument (Refaey)	Defendant's Argument (Rice/Spears)	Held
Whether a private university peace officer qualifies as an “officer or employee of the state” for interlocutory appeal under §51.014(a)(5)	"Officer" in §51.014(a)(5) refers to elected/appointed state officials; Spears is a private university employee and not an "officer of the state."	Private university peace officers are commissioned, take oath, post bond, are licensed like other peace officers, and are vested with powers, privileges, and immunities of peace officers — thus they are "officers of the state" for §51.014(a)(5).	Court: Private university peace officers fall within “officer…of the state” for §51.014(a)(5); court of appeals erred.
Whether a private university (Rice) may pursue an interlocutory appeal based on its officer’s assertion of immunity	Rice cannot invoke §51.014(a)(5) because its officer is not a state officer/employee.	An employer may rely on its employee’s assertion of immunity to invoke interlocutory appellate jurisdiction; Rice may appeal because Spears’s asserted immunity triggers §51.014(a)(5).	Court: Rice may appeal; employer may rely on employee’s immunity assertion under §51.014(a)(5).

Klein v. Hernandez, 315 S.W.3d 1 (Tex. 2010) (distinguishing statutory schemes for when private entities qualify as state agencies/employees)
City of Beverly Hills v. Guevara, 904 S.W.2d 655 (Tex. 1995) (employer may rely on employee’s assertion of immunity to invoke interlocutory jurisdiction)
DeWitt v. Harris County, 904 S.W.2d 650 (Tex. 1995) (related reasoning on governmental immunity and interlocutory appeals)
Jaster v. Comet II Constr., Inc., 438 S.W.3d 556 (Tex. 2014) (undefined statutory words receive their common, ordinary meaning)
Molinet v. Kimbrell, 356 S.W.3d 407 (Tex. 2011) (statutory interpretation principles cited for giving words common meaning)