SAN ANTONIO — The Texas Fourth Court of Appeals has ruled that the University of Incarnate Word is not a governmental unit and cannot claim sovereign immunity in the wrongful death lawsuit of Cameron Redus.

The Redus family filed the suit after the 23-year-old senior was fatally shot off campus by now-retired UIW police Cpl. Christopher Carter.

Redus was believed to be driving drunk when Carter attempted to arrest him outside of his off-campus apartment, alleging Redus temporarily gained control of his baton before he shot him multiple times, including once in the back.

The 23-year-old’s autopsy showed that his blood alcohol content was nearly twice the legal limit to drive, and an audio recording of the struggle captured Carter ordering Redus to stop resisting arrest dozens of times.

According to appeals court opinion, UIW argued that it was entitled to governmental immunity with respect to the actions of its police department.

The ruling said that UIW lacks public funding with the legislature, and that the court does not consider UIW a governmental entity under provisions in the Government Code and Local Government Code.

The case has been tied up in courts for years.

The lawsuit was initially filed in 2014. In 2015, a Bexar County grand jury decided not to indict Carter.