Nine years after the death of Cameron Redus, his family settled their lawsuit against University of the Incarnate Word. I previously wrote about that lawsuit here and here. UIW embarked upon a creative defense in which it argued that its police force was an arm of the state government, and therefore, immune from suit.
The trial regarding the death of University of Incarnate Word student Cameron Redus is set for Sept. 19, 2022. Years of appeals over the issue whether the UIW police department enjoyed governmental immunity was resolved. That issue was resolved in 2020. See my blog post about that Supreme Court of Texas opinion here. After
So, it appears after all that the police force of a private entity is not an arm of the state. I mis-read the Texas Supreme Court’s 2017 decision. I wrote about that 2017 decision here. The Texas Supreme Court has now resolved the issue in University of the Incarnate Word v. Redus, No. 18-0351
Well, I described the argument as a silly one, but it was not too silly for the Texas Supreme Court. In the case of Redus v. UIW, the Supreme Court ruled that the law enforcement department of a private university is a governmental body for purposes of qualified immunity. With qualified immunity, the law
It seems almost silly to argue, as the University of the Incarnate Word does, that UIW’s police force is a governmental body. Yet, that is the very argument the school made to the Texas Supreme Court yesterday. I previously wrote about this appeal here and here. UIW seeks the status of “qualified immunity.” With
Well, it is hardly a surprise. The Fourth Court of Appeals has affirmed the district court and found that the University of the Incarnate Word Police Department is not an “arm of the state.” It is not a government. I previously wrote about this frivolous appeal here. See San Antonio Express News report.
One of the things about litigation is that strategy often takes precedence over substance. In the Redus family lawsuit against University of the Incarnate Word, the university asked to dismiss the lawsuit. UIW claimed to be an “arm of the government” such that they would be immune to suits for personal injury. Cough, cough. Yes,