William Marsh Rice University and Gary Spears v. Rasheed Refaey
459 S.W.3d 590
| Tex. | 2015Background
- Rice University is a private university with its own police department that employed Officer Spears as a commissioned peace officer.
- Refaey was detained and arrested by Spears for suspected DWI, obstructing a roadway, and evading arrest; charges were later dismissed.
- Refaey sued Spears and Rice University for false imprisonment, negligence, gross negligence, assault, and IIED; defendants moved for summary judgment based on official immunity.
- The trial court denied the motion; defendants appealed under Civ. Prac. & Rem. Code § 51.014(a)(5); the court of appeals dismissed for lack of jurisdiction.
- This Court reviews jurisdictional questions under § 51.014(a)(5) and determines whether private university peace officers qualify as “officer or employee of the state” for purposes of interlocutory appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court of appeals had interlocutory jurisdiction under §51.014(a)(5). | Refaey contends Spears was not a state officer, so no jurisdiction. | Rice and Spears contend the officer status and immunity rights render the appeal under §51.014(a)(5) proper. | Yes; the court of appeals had jurisdiction to hear the interlocutory appeal. |
| Whether private university peace officers are “officers of the state” for §51.014(a)(5). | Refaey argues peace officers at private universities are not state officers. | Spears argues they are state-like officers with immunities. | Yes; private university peace officers are “officers of the state” for purposes of §51.014(a)(5). |
| How to interpret the undefined term “officer” in §51.014(a)(5) in this context. | Common meaning limits “officer” to elected/appointed officials. | Text and definitions extend to peace officers empowered to enforce state law. | The term encompasses private university peace officers similarly to other state officers. |
Key Cases Cited
- Klein v. Hernandez, 315 S.W.3d 1 (Tex. 2010) (jurisdictional reach; state agency status governs immunity-based interlocutory appeals)
- City of Beverly Hills v. Guevara, 904 S.W.2d 655 (Tex. 1995) (employer can rely on employee’s immunity for interlocutory appeal)
- DeWitt v. Harris Cnty., 904 S.W.2d 650 (Tex. 1995) (interlocutory appeal when immunity asserted by employee)