A new Utah law regarding government immunity may complicate the Kirk family’s pursuit of a wrongful death lawsuit against Utah Valley University, following the tragic assassination of Charlie Kirk. The family’s legal team submitted a notice of intent to sue on September 9, just shy of the anniversary of Kirk’s death, citing multiple security lapses on the university’s part. These alleged failures include not providing enough police presence, ignoring warnings from Kirk’s security team, and lacking a solid security strategy for his event.
However, experts suggest that the Kirks might face significant challenges due to the state’s broad immunity laws, which protect government bodies, their officials, and employees from numerous lawsuits. This includes instances related to both actions and inactions deemed discretionary by law, as well as claims tied to violence, civil rights violations, and other serious offenses.
Tenielle Brown, a law professor at the University of Utah, highlighted how the state’s legal framework could hinder the family’s case, especially given that the language suggests that even recklessness won’t always result in accountability for government entities involved in shootings.
Charlie Kirk, who was 31, co-founded Turning Point USA in 2012, transforming it into a substantial presence in American high schools and colleges. He was shot and killed while addressing an audience at Utah Valley University on September 10, 2025.
Neama Rahmani, president of West Coast Trial Lawyers, noted that wrongful death claims against government institutions are typically tough to win, largely due to their immunity in incidents involving harmful attacks by external individuals. He pointed out that legal pursuits in lack of security cases, especially against government entities, can present unique hurdles since plaintiffs must establish liability for crimes committed by others.
A potential strong point for the Kirk family could be a message from UVU Police Chief Jeffrey Long, who acknowledged security issues regarding access to the building where Kirk was speaking. Chief Long had reassured Kirk’s security team with the statement, “I got you covered.”
Rahmani explained that this situation places responsibility on the university to ensure Kirk’s safety, which might strengthen the case. However, Brown emphasized that Utah’s immunity laws could still protect officials even when they fail to meet their responsibilities.
There are prior instances where families have litigated similar cases for wrongful death or battery; in some of those, despite evidence of negligence, plaintiffs didn’t succeed due to the immunity statute. Brown referenced the 2010 case of Mika Scott, a student who sued because she was assaulted by an escaped inmate with a violent history. Scott’s claims also failed, as the state’s immunity laws encompassed her situation.
The Utah Supreme Court previously addressed this immunity issue in a case in 2005, reinforcing its broad scope. There has been some discussion indicating that state officials should be more accountable, but no changes to the law have been made yet.
Brown pointed out that non-elected state workers, like the president of UVU and campus police, lack the same political checks that elected officials face. This complicates accountability, especially since students cannot vote them out of their positions.
The president of Utah Valley University at the time of Kirk’s death, Astrid Tuminez, stepped down in May 2026 after nearly eight years in the role. She and Chief Long are named in the family’s notice to sue.
A spokesperson for UVU confirmed awareness of the filed legal notice, stating, “UVU addresses legal matters consistent with our established processes. Our focus remains on supporting our campus community.”
Charlie Kirk leaves behind his wife, Erika, and their two young children.
