University of the Incarnate Word v. Redus (Opinion)Annotate this Case
The Supreme Court affirmed the judgment of the court of appeals holding that the University of the Incarnate Word does not have sovereign immunity when it is sued in connection with its law-enforcement activities, holding that neither the doctrine's purposes nor the operative legislation supports extending sovereign immunity to the University as a private entity.
A deceased student's parents sued a University peace officer and the University after the officer shot the student following a traffic stop. The Supreme Court previously held that the University may appeal from an adverse ruling on its jurisdictional plea of governmental immunity but remanded to the court of appeals to consider whether the State's sovereign immunity extends to the University. The court of appeals declined to hold that the University possesses sovereign immunity. The Supreme Court affirmed, holding (1) private universities do not operate as an arm of the State government through their police departments; and (2) extending sovereign immunity to the University does not comport with the doctrine's purposes, nor is it consistent with enabling legislation that extends immunity to peace officers engaged in law enforcement activities.