William Marsh Rice University and Gary Spears v. Rasheed Rafaey, 417 S.W.3d 667

Rice University and Spears sought interlocutory appeal of denial of summary judgment on official-immunity defense; Rafaey is motorist plaintiff in underlying suit.
Rice is a private university; Spears is a peace officer commissioned by Rice under Tex. Educ. Code § 51.212.
Rice and Spears relied on § 51.014(a)(5) to obtain immediate appellate review of the trial court’s order.
Rafaey argued the appeal lacks jurisdiction because § 51.014(a)(5) applies only to state officers or those treated as such.
Texas Education Code § 51.212 grants peace-officer powers to private institutions’ officers under conditions, but does not grant state-officer status for § 51.014(a)(5).
Court grants motion to dismiss for lack of appellate jurisdiction, concluding neither Rice nor Spears qualifies under § 51.014(a)(5).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Spears may appeal interlocutorily under §51.014(a)(5).	Spears status as private-institution peace officer may be treated as state/officer for §51.014(a)(5).	Statutes do not treat private-institution peace officers as state officers for §51.014(a)(5).	No; Spears is not an officer of the state and not treated as such for §51.014(a)(5).
Whether Rice may appeal interlocutorily under §51.014(a)(5).	Rice seeks §51.014(a)(5) relief as a party asserting official-immunity defense.	Section 51.014(a)(5) excludes private institutions as eligible appellants; only state actors may appeal.	No; Rice is not entitled to §51.014(a)(5) review and appeal is dismissed for lack of jurisdiction.

Klein v. Hernandez, 315 S.W.3d 1 (Tex. 2010) (treatment of some non-state actors as if state officers under §51.014(a)(5) not generally extendable to private actors)
Young v. Villegas, 231 S.W.3d 1 (Tex. App.—Houston [14th Dist.] 2007) (restricts narrow application of §51.014(a)(5) to state actors)
Tex. A&M Univ. Sys. v. Koseoglu, 233 S.W.3d 835 (Tex. 2007) (only an officer or employee of the state may appeal under §51.014(a)(5) under broad language)
Coleman v. Rice Univ., 291 S.W.3d 43 (Tex. App.—Houston [14th Dist.] 2009) ( Rice not entitled to interlocutory appeal under §51.014(a)(5))
Ramirez v. Fifth Club, Inc., 144 S.W.3d 574 (Tex. App.—Austin 2004) (discussed official-immunity question; interlocutory appeal not at issue)
Methodist Hosp. of Dallas v. Miller, 405 S.W.3d 101 (Tex. App.—Dallas 2012) (dismissing for lack of appellate jurisdiction under §51.014(a)(5) where inapplicable)