Kirk Family Wrongful Death Lawsuit Against UVU Faces Uphill Battle Due to State Immunity Law

The family of Charlie Kirk has filed a notice of intent to sue Utah Valley University (UVU) for wrongful death, alleging a series of security failures that contributed to his assassination on September 10, 2025. However, legal experts suggest the family faces significant challenges due to Utah's government immunity law, which grants broad protections to state entities.

Attorneys for the Kirk family claim the university declined additional police officers, inadequately addressed concerns from Kirk's security team, and lacked a sufficient security plan for his visit. Despite this, Utah law can shield government entities and their employees from lawsuits arising from discretionary functions and specific claims, including those involving assaults.

"Unfortunately, Charlie Kirk’s family is going to have a very difficult time prevailing in a wrongful death case in Utah," stated Tenielle Brown, a law professor at the University of Utah. "Utah's government immunity statute is phrased in such a way that says even if the state and UVU were reckless, they retain immunity in cases that arise out of a battery, and that would include gunshot wounds."

Kirk, the 31-year-old co-founder of Turning Point USA, was shot and killed while speaking at UVU in Orem. Wrongful death claims against the government are already challenging, as plaintiffs often struggle to hold entities responsible for the criminal actions of third parties.

Despite the legal hurdles, the Kirk family's case may be bolstered by a message from UVU Police Chief Jeffrey Long to Kirk's team. Long reportedly acknowledged concerns about rooftop access to the Sorenson Center, located near where the shooter, Tyler Robinson, allegedly fired the fatal shot. Long's message, "I got you covered," could be interpreted as the university assuming a specific duty of care.

However, legal experts like Neama Rahmani, president of West Coast Trial Lawyers, emphasize that such cases are difficult, as they involve holding the government accountable for the actions of others. "They are tough because you are trying to hold the police or city, county or state responsible for someone else's criminal actions."

Brown pointed to previous cases where plaintiffs were unable to prevail against the state due to the immunity statute, even when negligence was evident. She cited the case of Mika Scott, who sued Utah County and its Sheriff's Office after being raped by a prisoner who had escaped from a work-release program. Despite potentially showing carelessness or recklessness on the part of the county, Scott could not win her case because it arose from a battery.

The Utah Supreme Court's 2005 decision in Wagner v. Utah addressed the statute's broad interpretation, holding that civil battery does not require intent to cause injury. While the court signaled that the legislature might consider revising the statute, no changes have been made. This leaves government workers, who are not elected officials, potentially unaccountable for job performance failures.

Astrid Tuminez, the UVU president at the time of Kirk's assassination, and Chief Long are named in the lawsuit filing. A spokesperson for UVU stated, "We are aware of the notice of claim. UVU addresses legal matters consistent with our established processes. Our focus remains on supporting our campus community."

Kirk is survived by his wife, Erika Kirk, and their two children.