Kirk family's wrongful-death suit faces Utah government-immunity barrier
The family of the late conservative activist Charlie Kirk has filed a wrongful-death claim against Utah Valley University, but Utah’s broad government-immunity statute may prevent the case from proceeding.
The Kirk family filed a notice of intent to sue Utah Valley University (UVU) on Sept. 9, alleging that the university failed to provide adequate security for Charlie Kirk’s speaking engagement, including declining additional police officers and not addressing concerns raised by his security team. Legal scholars say the suit is likely to encounter significant obstacles because Utah law grants extensive immunity to state entities and their employees for discretionary functions, even in cases involving assault or battery.
"Unfortunately, Charlie Kirk's family is going to have a very difficult time prevailing in a wrongful death case in Utah," said Tenielle Brown, a law professor at the University of Utah, noting that the state’s immunity statute can shield officials even when negligence is alleged.
Neama Rahmani, president of West Coast Trial Lawyers, said wrongful-death claims against government bodies are traditionally hard to win because they must link the government’s actions to the criminal act of a third party. He suggested the strongest evidence for the family may be a message from UVU Police Chief Jeffrey Long acknowledging concerns about rooftop access near the venue where Kirk was shot.
"That means they're gonna argue that they assume the responsibility to make sure Charlie Kirk was safe, and they failed to do so," Rahmani told Fox News Digital.
Brown cited prior cases, such as a 2010 lawsuit by a UVU student who sued county officials after a prisoner escaped and assaulted her, to illustrate how Utah’s immunity statute has barred plaintiffs even when officials were found to be reckless. The Utah Supreme Court’s 2005 decision in Wagner v. Utah affirmed that claims arising from battery are covered by the immunity provision.
UVU confirmed it had received the notice of claim and said it would handle the matter according to its standard legal processes while continuing to support the campus community. The filing names former UVU president Astrid Tuminez and Police Chief Long as defendants. Kirk is survived by his wife, Erika, and their two young children.