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.May 12, 2015Background
- Plaintiffs sued University of the Incarnate Word (UIW) and UIW police Cpl. Christopher Carter for injuries arising from an on-duty shooting during a traffic encounter on or adjacent to UIW property.
- UIW filed a plea to the jurisdiction and motion to dismiss arguing governmental immunity under the Texas Tort Claims Act (TTCA) and official immunity for its commissioned peace officer; the trial court denied the plea and dismissal.
- UIW filed an interlocutory appeal from denial of the plea to the jurisdiction under Tex. Civ. Prac. & Rem. Code § 51.014(a)(8) and invoked the automatic stay under § 51.014(b); plaintiffs filed an amended petition after the appeal was perfected, which UIW contends violated the stay.
- UIW relies on statutory authority (Tex. Educ. Code § 51.212 and administrative rules) and recent precedent to argue private university campus police are vested with state-law enforcement powers, making the university a "governmental unit" for TTCA purposes and its officers "officer[s] of the state."
- UIW also argues plaintiffs’ negligence claims are barred by the TTCA’s intentional-tort exception when the underlying conduct alleged is intentional (assault/battery/false imprisonment), and therefore the suit against the university and the officer should be dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs’ amended petition filed after appeal was perfected is effective | Amended petition should stand; trial court rulings remain operative | Filing after perfection violated automatic stay of § 51.014(b) and is of no effect | Appellant urges court to strike amended petition as violating automatic stay; interlocutory appeal invoked stay |
| Whether UIW is a "governmental unit" for purposes of interlocutory appeal under § 51.014(a)(8) and TTCA immunity | UIW is a private university and not a governmental unit; statutes licensing officers do not transform UIW into a government entity | UIW’s statutory authority to commission peace officers and the officers’ duties/powers make UIW a governmental unit and permit interlocutory appeal | Appellant argues UIW qualifies as a governmental unit because it employs commissioned peace officers with state-law powers; seeks reversal of trial court denial |
| Whether private university commissioned peace officers are "officer[s] of the state" entitled to immunity or to permit interlocutory appeals | Plaintiffs contend licensing alone is insufficient; private actors likened to other licensed professionals are not state officers | UIW relies on authority that commissioned campus peace officers swear an oath, are vested with powers, duties, and immunities of peace officers, and thus are officers of the state | Appellant relies on precedent (as applied in Rice) that commissioned private university peace officers are officers of the state and can invoke interlocutory review for immunity issues |
| Whether plaintiffs may recast intentional tort allegations as negligence to avoid TTCA intentional-tort exception and preserve claims against a governmental unit | Plaintiffs assert negligence claims (e.g., negligent use of property) are distinct and fall within TTCA waivers (tangible property/use) | UIW argues the factual focus is intentional conduct (assault/battery/false imprisonment) so the TTCA’s intentional-tort exclusion applies and negligence claims arising from same facts are barred | Appellant contends courts routinely hold negligence claims that rest on intentional conduct are barred by the TTCA; asks for dismissal of claims against UIW and Carter |
Key Cases Cited
- Klein v. Hernandez, 315 S.W.3d 1 (Tex. 2010) (statutory scheme can render a private entity effectively a state actor for immunity/appeal purposes)
- William Marsh Rice Univ. v. Rafaey, 417 S.W.3d 667 (Tex. App.—Houston [14th Dist.] 2013) (court of appeals previously held private university officers were not state officers; later addressed by the Texas Supreme Court)
- Quaestor Investments, Inc. v. State of Chiapas, 997 S.W.2d 226 (Tex. 1999) (remand/reacquisition of state-court jurisdiction restarts appellate timetable after removal)
- Texas Dep’t of Pub. Safety v. Petta, 44 S.W.3d 575 (Tex. 2001) (negligent-training claims still must fit TTCA waivers; intentional-tort exception limits recovery)
- City of Houston v. Swinerton Builders, Inc., 233 S.W.3d 4 (Tex. App.—Houston [1st Dist.] 2007) (trial-court actions that amend petition or proceed after an automatic statutory stay may be treated as without force)
- Univ. of Tex. Health Sci. Ctr. at Houston v. DeSoto, 401 S.W.3d 319 (Tex. App.—Houston [14th Dist.] 2013) (use-of-property waiver requires negligent use; non-negligent use does not waive immunity)