Charlie Kirk Case May Challenge Utah’s Broad Government Immunity Laws

The family of Charlie Kirk faces a challenging path in pursuing a wrongful death claim against Utah and Utah Valley University (UVU). The Utah Governmental Immunity Act shields government entities and their employees from many civil claims. This could complicate the Kirk family’s efforts, according to Maryland-based attorney and former prosecutor Randolph Rice.

Rice noted, “Utah law makes it very difficult for the Charlie Kirk family to proceed with a civil claim against the state and the university.” This law often provides immunity from civil suits seeking monetary damages. However, the Kirk family has identified a potential exception in their case.

In their legal filing, the family alleged that UVU and the state failed to secure the event where Kirk was killed, despite acknowledging responsibility for rooftop security. A key piece of evidence is a text message from UVU Police Chief Jeffrey Long stating, “I got you covered,” when security concerns were raised. This message may help the family overcome the immunity barrier, as Kirk was fatally shot from a rooftop.

The broad immunity laws in Utah have been used in past cases, such as the dismissed lawsuit from Gabby Petito’s family against the Moab Police Department. This designates governmental immunity as a formidable hurdle. The Petito family is currently appealing the decision.

Attorney Rice suggested, “What they’re going to try to do is show that they relied detrimentally on the assurances provided in the text message — thereby challenging the immunity act.” If successful, this could allow them to hold the university, police, and government accountable.

The notice of claim filed by Kirk’s family further alleges a lack of physical security presence and failure to monitor camera feeds, even as the suspect, Tyler Robinson, moved freely. Robinson, who has pleaded not guilty and faces aggravated murder charges, could face the death penalty if convicted.

Kirk’s family argues that the failure to secure the event was a direct factor in Kirk’s death, asserting, “His murder was entirely preventable and, in fact, would not have happened had the State of Utah and UVU followed through on their stated security promises.” Brett Parkinson, counsel for the Kirk family, emphasized the lasting impact on Kirk’s family.

While Skye Lazaro, a Salt Lake City attorney, noted the challenge of overcoming Utah’s immunity laws, she also mentioned that such cases often settle out of court. This might offer some hope for the Kirk family as they consider pursuing their case further.