Utah’s government immunity law could let Utah Valley University walk away from the security failures that led to Charlie Kirk’s assassination, proving the state guards its own before it guards the people.
The Kirk family filed notice to sue on Sept. 9, armed with evidence that UVU ignored security concerns, declined extra police, and lacked an adequate plan for the event. But legal experts warn that Utah’s broad immunity statutes are built to protect government recklessness, leaving families with no recourse when the state breaks its word.
Kirk, 31, was shot and killed at UVU on Sept. 10, 2025. The family's strongest card is a message from UVU Police Chief Jeffrey Long. When Kirk's team raised alarms about rooftop access to the nearby Sorenson Center, Long replied, "I got you covered." He didn't. The shooter, Tyler Robinson, fired from the adjacent Losee Center.
Neama Rahmani, president of West Coast Trial Lawyers, noted that holding the government responsible for a third party's crime is notoriously tough. However, he argued that the chief’s text changes the math: "That means they're gonna argue that they assume the responsibility to make sure Charlie Kirk was safe, and they failed to do so."
Enter the state's legal armor. University of Utah law professor Tenielle Brown threw cold water on the strategy, pointing out that Utah law specifically shields the state from lawsuits arising from battery—even gunshot wounds. "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," Brown explained. The law, she noted, can shield officials even when they completely fail to perform their job functions.
This is the legal system working exactly as designed for itself. A police chief makes a guarantee, the guarantee fails, a man dies, and the state just cites a technicality. Government immunity sells the public on the illusion of protection while legally exempting the state from the consequences of providing none. The Kirks aren't just fighting a university; they are fighting a statutory fortress built to ensure the government is never held liable for its own deadly incompetence.
If a sworn police chief’s direct promise of safety isn’t enough to overcome a government immunity shield, then accountability in this country is just a word.
