Texas Court Finds Governmental Immunity Does Not Protect Private University

city-road-landscape-landmark-158854-200x300The Supreme Court of Texas recently issued an opinion stemming from the death of a student who was shot by a University peace officer. The student’s parents filed a lawsuit against the University and the peace officer. In response, the University argued that governmental immunity protects it from being sued for injuries related to law-enforcement activities.

Sovereign immunity, otherwise known as governmental immunity, protects government officials and entities from certain civil lawsuits. However, Texas waives this immunity in specific situations. That said, plaintiffs still frequently face difficulties recovering in these cases. Texas courts have not extended this immunity to private entities, even if they perform some governmental duties. In some cases, institutions will purport to possess these protections, even though they are private institutions.

In evaluating whether the law provides governmental immunity to an institution, courts will examine whether the party acted as an arm of the state government, and if its conduct fits within the purpose of the doctrine. Generally, private universities do not act as an arm of the state. Even if a university performs law enforcement activities that may protect the public, the doctrine does not extend to these institutions. Although Texas Education Code allows private institutions to hire peace officers, the individual officer’s immunity does not extend to the private institution.

Continue reading →


from Texas Injury Lawyers Blog https://www.texasinjurylawyersblog.com/texas-court-finds-governmental-immunity-does-not-protect-private-university/

Comments

Post a Comment

Popular posts from this blog

A Fatal Accident Caused by Distracted Driving May Result in a Texas Wrongful Death Claim

Image
We’ve all been distracted while driving at some point while navigating our vehicles. Whether it’s exhaustion from a full day of work causing you to doze off or an urgent phone call out of nowhere from the office, we’ve all had a moment where we’ve zoned out while driving. However, not everyone is fortunate enough to emerge from these situations safe and sound. Often, accidents occur as a result of drifting off or distracted driving, and can have enormous, disastrous impacts. When such accidents occur and tragedy strikes, those who cause them can be held responsible for their actions. In a recent news report , local authorities say that five people were killed, including three young children, in a major vehicle collision in West Texas. The Texas Department of Safety said that a young individual was driving an SUV when it drifted into a lane and collided with a pickup truck. The SUV driver and the pickup truck driver were both killed as a result of the crash, as well as the three childr...
Read more

ACCIDENT INJURY REPORT: Three People Killed in Two Vehicle Head-on Collision in Los Fresnos

Image
Wednesday September 2, 2020 Cameron County :  The Texas Department of Public Safety continues to investigate a two-vehicle head-on collision that left three people dead, including two children. The accident happened at about 1:53 p.m. Wednesday September 2nd, on FM 803 North of St. Francis Street in Los Fresnos. Killed in the accident was Maria Guadalupe Zamora , 49, who died at the scene. Zamora’s grandchildren, Ariel Castillo , 2 and Reynaldo Alvarado , 6, both of Port Isabel, who were traveling with her, were transported to local hospitals where they later died, the DPS reported. Continue reading → from Texas Injury Lawyers Blog https://www.texasinjurylawyersblog.com/accident-injury-report-three-people-killed-in-two-vehicle-head-on-collision-in-los-fresnos/
Read more

Local Texas Teacher Killed in a Motorcycle Accident North of Beaumont

Image
With thousands of miles of beautiful natural sights surrounding Texas’s open roads, it’s no surprise that motorcycles are so popular in the state. Motorcycles, however, can often pose a number of unique risks on the road. Drivers of passenger vehicles can often have trouble seeing motorcycles because of their smaller size, or they can easily get caught in a vehicle’s blind spot. Thus, before anyone decides to purchase a motorcycle, they must understand the risks involved. In many Texas motorcycle accidents, the cause of the collision is entirely beyond the motorcyclist’s control. According to a recent news report , a local Texas high school teacher was killed in a hit-and-run motorcycle accident. The victim was found dead at the scene after the motorcycle he was riding was hit by a car. Local authorities assumed that the responsible party had been driving north and crossed lanes and collided with the victim then, but further investigation showed that the responsible party was backing...
Read more