HOUSTON – Texas Southern University has immunity from a lawsuit alleging it should have done more to protect students and prevent a fatal on campus shooting, the Fourteenth Court of Appeals recently concluded.
The death of TSU freshman Brent Randall made headlines in 2015. Randall was outside his dormitory on his way to class when he was shot and killed by a non-student.
The evening before, another shooting occurred in the parking lot of the same dormitory.
Representing her son’s estate, Jacqueline Mouton filed suit against TSU for gross negligence, alleging the university and its employees failed to: warn parents and students of the risks of harm on campus; provide adequate security; and take steps to detect, prevent and intervene in criminal activities.
Asserting governmental immunity, TSU filed a plea to the jurisdiction and motion to dismiss, court records show.
In response, Mouton argued that TSU’s immunity was waived under the Texas Tort Claims Act for personal injury or death caused by a condition or use of tangible personal or real property.
The trial court denied TSU’s motion and gave Mouton 30 days to amend her petition to demonstrate jurisdiction.
However, TSU appealed before Mouton could amend her lawsuit.
On Jan. 11, justices reversed the trial court and dismissed the lawsuit, concluding that Mouton has not alleged a condition or use of personal or real property by TSU that proximately caused Randall’s death.
“TSU’s property merely provided the backdrop for but did not proximately cause Randall’s death,” the opinion states. “We further conclude that Mouton’s pleadings affirmatively demonstrate that Randall was not injured by a condition or use of real or personal property by TSU because Randall’s death was caused by the assailant.
“Accordingly, we do not remand the case to the trial court for an opportunity to replead.”
Assistant Attorney General Marc Rietvelt represents TSU.
Mouton is represented by The Witherspoon Law Group in Dallas.
The lawsuit was filed in Harris County District Court, cause No. 2016-00573
Appeals case No. 14-16-01003-CV