Utah Law May Block Wrongful Death Suit Over Charlie Kirk's Assassination

The family of Charlie Kirk faces significant legal hurdles in their pursuit of a wrongful death lawsuit against Utah Valley University (UVU) following his assassination, due to Utah's expansive government immunity law. Experts suggest the state's legislation could effectively shield the university from liability, even with compelling evidence of security failures.

Kirk's family filed a notice of intent to sue UVU on September 9, 2025, one day before the anniversary of his death. The filing alleges a series of security lapses by the university, including the rejection of requests for additional police presence, insufficient response to concerns raised by Kirk's security team, and a failure to implement an adequate security plan for his visit.

However, legal professionals indicate that Utah's government immunity statute grants broad protection to state entities, their officers, and employees. This immunity covers a wide range of circumstances, including claims arising from discretionary functions and those involving assault and battery. "Unfortunately, Charlie Kirk’s family is going to have a very difficult time prevailing in a wrongful death case in Utah," Tenielle Brown, a University of Utah law professor, told Fox News Digital. "And that’s because 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."

Charlie Kirk, a prominent conservative activist and co-founder of Turning Point USA, was fatally shot on September 10, 2025, while speaking at Utah Valley University in Orem. He was 31 years old.

Neama Rahmani, president of West Coast Trial Lawyers, echoed concerns about the difficulty of such cases, noting that government entities typically have immunity from lawsuits stemming from assaults or batteries committed by third parties. "I’ve handled lack of security cases, including lack of security cases against the government," Rahmani stated. "They are tough because you are trying to hold the police or city, county or state responsible for someone else’s criminal actions."

Despite the legal challenges, Rahmani pointed to a potential piece of evidence: a message from UVU Police Chief Jeffrey Long to Kirk's security team acknowledging concerns about rooftop access near the event venue and stating, "I got you covered." This, Rahmani suggested, could be used by the Kirk family to argue that the university assumed a specific duty of care for Kirk's safety, which was subsequently breached. "In cases where you have the government taking on a duty, that tends to be better than simply arguing that the government has a duty to protect everyone because we know that murders happen all the time, and you can’t sue the government just because someone is killed."

However, Brown emphasized that Utah's law can shield officials even when their negligence is evident. She cited the case of Mika Scott, a student who sued Utah County and the Sheriff's Office after being raped by an escaped prisoner. Despite demonstrating carelessness, Scott was unable to prevail due to the government immunity statute. "The court said, it may not be prudent for the state to continue to retain immunity here," Brown said, referencing a 2005 Utah Supreme Court decision in Wagner v. Utah. "But the state has not revised the statute and so it still says very clearly that you can’t sue the state if the claim arises out of a battery."

Brown further noted that state employees not subject to election cannot be held accountable through the ballot box for failures in their job duties, unlike elected officials.

Astrid Tuminez, who was the president of UVU at the time of Kirk's assassination, stepped down in May 2026. She and Chief Long are named in the family's notice of claim. A UVU spokesperson 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."

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