In a wide ranging opinion, the Texas Supreme Court ruled today that a private college's police department is a 'governmental unit,' and, as such, enjoys the same level of sovereign immunity which is granted to other governmental agencies, News Radio 1200 WOAI reports.
The 12 page ruling will give the University of the Incarnate Word a stronger position in defending a wrongful death lawsuit filed by the family of student Cameron Redus, who was shot to death by UIW Police Officer Chris Carter in December of 2013.
UIW concedes that it is a private university, and private universities are not generally referred to as 'governmental units.'
But the university argued that because its police department is authorized by state law and the officers are certified by the state, the police department is a governmental agency.
"Although private institutions are not commonly understood to be a part of government, we have held that a private institution can be a governmental unit," the Court wrote.
It cited open enrollment charter schools, which are privately operated, but are subject to several regulations covering public schools, including open records and public information laws, similar to the regulations required of public schools.
In addition, "UIW officers have the powers, privileges, and immunities of peace officers when on the property of the university, when performing duties asigned by the university, when in a county where the university has land," the court said. "Campus police officers take the peace officer's oath and must post bond with the Governor of Texas."
The court also cited the fact that the Legislature created the authority by which UIW can commission officers."We accordingly conclude that UIW is a governmental unit for purposes of law enforcement, and that UIW is therefore entitled to pursue an interlocutory appeal."The court did not decide on whether UIW is immune from the lawsuit under sovereign immunity clauses, leaving that decision to the appeals court.
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