Kirk Family May Challenge Law After Police Chief’s ‘Covered’ Text

Utah’s broad legal protections for government agencies and employees may make it challenging for Charlie Kirk’s family to bring a wrongful-death lawsuit against the state and Utah Valley University. However, a key piece of evidence cited in the family’s legal filing could help them overcome that obstacle, according to a trial lawyer and legal analyst.

“Utah law makes it very difficult for the Charlie Kirk family to proceed with a civil claim against the state and the university,” said Randolph Rice, a Maryland attorney and former prosecutor who is monitoring the case.

Rice said the Utah Governmental Immunity Act protects government bodies and their employees from many lawsuits seeking financial damages.

A similar issue arose in a lawsuit brought by Gabby Petito’s family against the Moab Police Department. The family claimed officers acted negligently during a traffic stop involving Brian Laundrie, two weeks before he killed Petito. A judge dismissed the case under governmental immunity protections, and the family is appealing that decision.

“Generally speaking, they are immune from any type of civil suit, meaning money damages,” Rice said. But he noted that the law may contain an avenue for an exception.

Kirk’s family filed a notice of claim last week, a required step before filing a lawsuit. The filing alleges that Utah Valley University, the state and several officials failed to adequately secure the event, despite acknowledging responsibility for rooftop security, and that those failures contributed to Kirk’s death.

The filing says UVU Police Chief Jeffrey Long allegedly reassured Turning Point USA organizers, “I got you covered,” after they expressed concerns about access to rooftops overlooking the campus courtyard.

Rice said the alleged text message could prove significant in the immunity dispute because Kirk was killed by a sniper firing from a rooftop.

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“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,” Rice said.

“That goes away or we get around that. We pierce that veil and therefore we can now go after the school, the police chief, the government agencies, because we detrimentally relied on the text message and that assurance that that rooftop was going to be protected.”

The notice of claim further alleges that officers were not physically stationed at the site and that no one was monitoring security camera feeds in real time as the suspected gunman moved through the area.

Attorneys for 23-year-old Tyler Robinson entered a not-guilty plea on his behalf during his Sept. 1 arraignment. If convicted of aggravated murder, the most serious charge, Robinson could face the death penalty.

“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, which included protecting the rooftops surrounding the quad where Charlie was speaking,” said Brett Parkinson, an attorney for Kirk’s family. “Those failures not only robbed Charlie Kirk of his life, but also robbed his family of their husband, father, son, and brother, with impacts that will compound for the rest of their lives.”

Skye Lazaro, a Salt Lake City attorney also reviewing the case, told News Media that she could not determine with certainty whether Long’s text message would overcome the immunity barrier. She said, however, that it could strengthen the family’s position if they move forward with a lawsuit.

“Utah has broad government immunity laws that specifically protects government agencies and employees from liability for someone else’s criminal actions, even when they fail to perform their job functions,” she said. “That being said, these cases often get settled out of court for various reasons.”