Utah’s broad immunity law may block Kirk family’s wrongful death suit against UVU

Key points

• Kirk family filed a notice of intent to sue on Sept. 9, 2026, alleging UVU security failures led to Charlie Kirk’s assassination on Sept. 10, 2025.
• Utah’s sovereign immunity statute is unusually broad, shielding state entities from lawsuits arising from battery, even if the government acted recklessly.
• Legal experts argue that while UVU police chief Jeffrey Long’s message 'I got you covered' regarding rooftop access is strong evidence, the immunity law may still block the claim.
• The lawsuit names UVU, the UVU Police Department, Chief Jeffrey Long, former President Astrid Tuminez, and the state of Utah.
• A similar case involving a UVU student in 2010 failed to prevail against the state despite evidence of government recklessness due to the same immunity statute.

Background

Charlie Kirk, co-founder of Turning Point USA, was shot and killed at UVU in Orem, Utah, on September 10, 2025, during his 'American Comeback Tour.' The shooter, Tyler Robinson, is charged with aggravated murder and faces the death penalty. Kirk’s family, including his wife Erika and two children, has pursued legal action against UVU officials, alleging that the university failed to implement basic security measures such as risk assessments, adequate staffing, and real-time surveillance. Previous archive coverage confirmed the filing of the notice of claim on September 9, 2026, and noted that UVU has not revised its immunity statute despite judicial signals that it may be imprudent.

How outlets are covering it

Fox News highlights the legal barrier posed by Utah’s sovereign immunity statute, citing University of Utah law professor Tenielle Brown, who notes that the law shields the state even in cases of recklessness involving battery. Fox News also features West Coast Trial Lawyers president Neama Rahmani, who suggests the family’s strongest evidence is UVU Police Chief Jeffrey Long’s message acknowledging rooftop access concerns, which implies an assumed duty of care. KSL News provides a detailed account of the notice of claim, emphasizing the family’s allegations of 'stunning failures' and 'reckless decisions' by UVU, including the lack of a security plan and the absence of first responders at the scene. KSL notes that the lawsuit typically follows 90 days after the notice of claim. CNN’s source text was largely obscured by technical code, but the headline confirms the family’s assertion that security failures led to the assassination.

Why it matters

This case tests the limits of Utah’s sovereign immunity law in high-profile wrongful death cases. If the immunity statute blocks the Kirk family’s claim, it may set a precedent that shields government entities from liability for security failures, even when they act recklessly. Conversely, if the family prevails, it could prompt legislative changes to Utah’s immunity laws, as suggested by the Utah Supreme Court in the 2005 Wagner v. Utah decision. The outcome will also impact how universities and government entities handle security for high-profile events in the future.

What to watch

The Kirk family is expected to file a formal lawsuit within 90 days of the notice of claim. The case will likely hinge on whether Utah’s sovereign immunity statute applies to the alleged security failures. Legal experts will monitor whether the court interprets the 'battery' exception in the immunity statute to include the Kirk family’s claim. Additionally, the outcome of Tyler Robinson’s trial may influence the civil case, as evidence from the criminal trial could be used in the wrongful death suit.