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 21, 2015Background
- In Dec. 2013, Christopher Carter, employed as an on-duty campus police officer by the University of the Incarnate Word (UIW), shot and killed Robert Cameron Redus off campus. Plaintiffs Valerie and Robert (Mickey) Redus sued Carter and UIW in May 2014.
- UIW removed the action to federal court, then the case was remanded to state court. UIW pleaded charitable immunity initially and later added the Texas Tort Claims Act (TTCA) as an affirmative defense, claiming its campus police (or UIW itself) is a "governmental unit."
- UIW filed a Plea to the Jurisdiction asserting TTCA limits and invoked interlocutory appeal jurisdiction under Tex. Civ. Prac. & Rem. Code § 51.014(a)(8) when the trial court denied the plea.
- Appellees moved to dismiss the interlocutory appeal for lack of appellate jurisdiction, arguing UIW is a private, non‑profit university and not a "governmental unit" under Tex. Civ. Prac. & Rem. Code § 101.001(3), so § 51.014(a)(8) does not authorize the appeal.
- Appellees emphasize Texas precedent narrowly construes interlocutory appeal statutes and that courts have dismissed similar appeals by private institutions or their employees when no statutory basis exists to treat them as governmental units.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate court has jurisdiction over interlocutory appeal from denial of plea to jurisdiction | Redus: Appeal is unauthorized because UIW is not a governmental unit; interlocutory appeals allowed only by statute | UIW: § 51.014(a)(8) permits appeal because UIW or its campus police qualify as a "governmental unit" under § 101.001(3) | Appellees seek dismissal for lack of jurisdiction; appellate court had not ruled in the motion text |
| Whether UIW is a "governmental unit" under TTCA § 101.001(3) | Redus: UIW is a private charitable university; no statute or government funding makes it a governmental unit | UIW: Authorization to create campus police (Tex. Educ. Code § 51.212), licensing by TCOLE, and authority to enforce law make campus police governmental | Appellees argue UIW is not a governmental unit; no appellate decision included in motion record |
| Whether authorization to establish campus police or licensing of officers converts private entity into governmental unit | Redus: Enabling statutes and licensing do not turn private entities (e.g., barbers, lawyers) into governmental units | UIW: Statutory authorization and state regulation of campus police demonstrate governmental nature of the police function | Appellees contend authorization/licensing is insufficient; motion requests dismissal |
| Whether performing law-enforcement functions subjects private entity to TTCA immunity or conversely increases liability | Redus: Private entities enforcing law do not become governmental units; taking on government functions may increase exposure not immunity | UIW: Enforcement authority and commissioned officers support governmental-unit status and TTCA protection | Appellees cite cases showing private performance of governmental functions does not automatically confer governmental-unit status; appellate ruling pending |
Key Cases Cited
- Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001) (final-judgment rule governs appealability)
- Stary v. DeBord, 967 S.W.2d 352 (Tex. 1998) (interlocutory orders appealable only when statute explicitly provides)
- City of Houston v. Estate of Jones, 388 S.W.3d 663 (Tex. 2012) (statutes authorizing interlocutory appeals construed narrowly)
- LTTS Charter Sch., Inc. v. C2 Constr., Inc., 342 S.W.3d 73 (Tex. 2011) (open-enrollment charter schools are governmental units as part of public school system)
- Klein v. Hernandez, 315 S.W.3d 1 (Tex. 2010) (Baylor College of Medicine treated as governmental unit when performing state‑contracted functions at public hospitals)
- Rice Univ. v. Rafaey, 413 S.W.3d 667 (Tex. App.—Houston [14th Dist.] 2013) (no interlocutory jurisdiction for private‑university employee under § 51.014(a)(5))
- Methodist Hosp. v. Miller, 405 S.W.3d 101 (Tex. App.—Dallas 2012) (similar lack of interlocutory jurisdiction where officer employed by private entity)
- Mobil Oil Corp. v. Shores, 128 S.W.3d 718 (Tex. App.—Fort Worth 2004) (private corporation not entitled to interlocutory appeal under § 51.014(a)(8))
- Cantu Servs. v. United Freedom Assocs., 329 S.W.3d 58 (Tex. App.—El Paso 2010) (interlocutory appeal under § 51.014(a)(8) dismissed for private entity)