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
| Tex. App. | Apr 22, 2015Background
- On Dec. 6, 2013 UIW Campus Police Officer Christopher Carter shot and killed Robert Cameron Redus off-campus; plaintiffs Valerie and Robert M. Redus sued for negligence and wrongful death.
- Plaintiffs filed suit May 6, 2014; UIW answered and later (Feb. 13, 2015) asserted Texas Tort Claims Act (TTCA) immunity and filed a plea to the jurisdiction.
- The trial court denied UIW's plea to the jurisdiction (Mar. 2, 2015); UIW filed an interlocutory appeal under Tex. Civ. Prac. & Rem. Code § 51.014(a)(8).
- Central legal dispute: whether UIW, a private Catholic university that obtained a license under Tex. Educ. Code § 51.212 to commission campus police, qualifies as a "governmental unit" under the TTCA.
- Appellees argue (1) this Court lacks jurisdiction to hear an interlocutory appeal because UIW is not a governmental unit entitled to appeal under § 51.014(a)(8); (2) the statutory authorization to commission officers and state licensing does not convert UIW into a governmental unit; and (3) even if UIW were a governmental unit, the Reduses’ negligence claims may fall within TTCA waivers (use of tangible personal property — firearms) and are not barred as intentional-tort claims.
Issues
| Issue | Plaintiff's Argument (Redus) | Defendant's Argument (UIW) | Held / Current Ruling |
|---|---|---|---|
| 1) Appellate jurisdiction over denial of plea to the jurisdiction | UIW is a private entity and thus not entitled to interlocutory appeal under § 51.014(a)(8); appeal should be dismissed for want of jurisdiction | UIW asserts it is a "governmental unit" and so may bring interlocutory appeal of plea denial | Trial court denied plea to the jurisdiction; appeal filed—appellees move to dismiss for lack of jurisdiction |
| 2) Whether UIW (or its campus police) is a "governmental unit" under TTCA § 101.001(3)(D) | A private university authorized to commission officers is not made a governmental unit merely by statutory authorization or licensing; precedents require statutory designation or government funding/role | UIW contends statutory authorization to employ and commission peace officers and state licensing make its police a governmental unit | Disputed; trial court implicitly rejected UIW's plea; appellees argue no Texas court has held a private university is a governmental unit on these facts |
| 3) Whether the TTCA bars plaintiffs' negligence claims (intentional-tort exclusion) | Plaintiffs amended to plead negligence; negligent claims tied to use of tangible personal property (firearm) fall within TTCA waiver for use/condition of tangible property | UIW contends claims arise from an intentional tort and thus are barred by TTCA immunity | Trial court denied plea; appellees assert negligence claims survive and TTCA does not bar them on these pleadings |
| 4) Whether UIW may argue respondeat superior / immunity from liability in plea to the jurisdiction | Appellees: immunity-from-liability arguments (respondeat superior) are not proper in a plea to the jurisdiction and deprive defendants of required notice under procedural rules | UIW: argues vicarious-immunity defenses based on officer licensing/statutes should bar respondeat superior liability | Trial court did not and could not resolve immunity-from-liability in plea; appellees say that argument is improper at jurisdictional stage |
| 5) Whether Officer Carter must be dismissed under TTCA election-of-remedies | Appellees: UIW is not a governmental unit so TTCA election-of-remedies and dismissal of Carter do not apply | UIW: invokes TTCA election-of-remedies to seek dismissal of the individual officer | Disputed; appellees argue election-of-remedies inapplicable because UIW is not a governmental unit |
Key Cases Cited
- Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692 (Tex. 2003) (distinguishes immunity-from-suit from immunity-from-liability; immunity-from-liability not resolved in plea to jurisdiction)
- Texas Dep’t of Transp. v. Jones, 8 S.W.3d 636 (Tex. 1999) (plea-to-jurisdiction standards; immunity-from-liability doesn’t affect jurisdiction)
- Harris County v. Sykes, 136 S.W.3d 635 (Tex. 2004) (plea-to-jurisdiction and standards for dismissal for lack of subject-matter jurisdiction)
- LTTS Charter School, Inc. v. C2 Construction, Inc., 342 S.W.3d 73 (Tex. 2011) (holding an open‑enrollment charter school is part of the public school system and therefore a governmental unit; distinguishable because charter schools are publicly funded and statutorily part of public education)