Legal Challenges in Pursuing a Wrongful Death Claim Against Utah Valley University

A Utah law provides wide-ranging immunity to government entities and their employees, presenting potential difficulties for the family of Charlie Kirk in their wrongful death claim against the state and Utah Valley University. Despite these challenges, a key piece of evidence may aid their case, according to Maryland-based attorney Randolph Rice.

The Utah Governmental Immunity Act limits civil damages claims against government entities and employees. This law has previously resulted in cases being dismissed, like the lawsuit from Gabby Petito’s family against the Moab Police Department, which they are currently appealing.

“Utah law makes it very difficult for the Charlie Kirk family to proceed with a civil claim against the state and the university,” Rice explained.

On September 10, 2025, conservative commentator Charlie Kirk was shot and killed at Utah Valley University. Kirk’s family has taken legal action against the university, the state of Utah, and key officials, alleging insufficient security arrangements at an event where Kirk was a speaker. They point to a communication from UVU Police Chief Jeffrey Long, who assured event organizers of covering security concerns, including rooftop access.

This message becomes significant as Kirk was killed by a sniper positioned on a rooftop. The family’s legal filings suggest that the assurance from Chief Long could form an exception to the immunity provided by Utah law. The text message serves as grounds for the family’s argument, aiming to bypass the state’s immunity laws.

Attorney Rice commented, “What they’re going to try to do is, and I’m guessing this, is they’re going to say, look, because of the fact that they detrimentally relied on that, we’re not bound by the Governmental Immunity Act.” Kirk’s family claims the absence of onsite security and unattended camera feeds allowed the suspect access to the area where the shooting occurred.

The suspect, Tyler Robinson, 23, pleaded not guilty to charges, including aggravated murder, which could result in the death penalty if convicted. The family’s legal counsel, Brett Parkinson, emphasizes that the attack might have been preventable with proper security measures, which he claims were promised but not delivered by the university and state.

Skye Lazaro, another attorney following the case, remarked that while the text message from Chief Long could strengthen the Kirk family’s case, Utah’s immunity laws still present significant obstacles. Lazaro notes that such legal disputes often result in out-of-court settlements.