Kirk family has powerful evidence — but Utah law could derail wrongful death case: experts

By Fox News · Fox News

A Utah government immunity law could upend the Kirk family’s efforts to bring a wrongful death lawsuit against Utah Valley University over alleged security failures surrounding Charlie Kirk’s assassination. Attorneys for Kirk’s family filed a notice of intent to sue on Sept. 9, one day before the anniversary of his death. The filing alleges a series of security failures by the university, including declining additional police officers, failing to adequately address concerns from Kirk's security team and not having an adequate security plan in place for his visit. But legal experts say the Kirks face an uphill legal battle because Utah law grants government entities — including their officers and employees — broad immunity from lawsuits arising from a lengthy list of circumstances, including the performance or failure to perform discretionary functions and claims involving assault, battery, false imprisonment, malicious prosecution and civil rights violations. "Unfortunately, Charlie Kirk's family is going to have a very difficult time prevailing in a wrongful death case in Utah," Tenielle Brown, a University of Utah law professor, told Fox News Digital. "And that's because Utah's government immunity statute is phrased in such a way that says even if the state and UVU were reckless, they retain immunity in cases that arise out of a battery, and that would include gunshot wounds." JUDGE IN ACCUSED ASSASSIN TYLER ROBINSON'S CASE EXPLAINS WHY DEATH PENALTY REMAINS ON TABLE IN WRITTEN ORDER Kirk, 31, co-founded Turning Point USA in 2012 and grew the conservative youth organization into a major force on high school and college campuses nationwide. He was shot and killed while speaking at Utah Valley University in Orem on Sept. 10, 2025. Neama Rahmani, president of West Coast Trial Lawyers, told Fox News Digital that wrongful death claims against the government are already difficult for plaintiffs to win because government entities generally enjoy broad immunity from laws…