Kirk family may have path around archaic law shielding gov't in police chief’s alleged ‘got you covered’ text

A Utah law that broadly protects government agencies and employees from civil liability could complicate Charlie Kirk’s family’s effort to bring a wrongful-death case against the state and Utah Valley University. But a key piece of evidence cited in the family’s legal filing may help them overcome that barrier, 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 has been monitoring the case.

The Utah Governmental Immunity Act generally shields public entities and their employees from many claims seeking monetary damages, Rice said.

Charlie Kirk killed at Utah university event

Law enforcement officers work at Utah Valley University, where U.S. conservative commentator Charlie Kirk was shot and killed during an event, in Orem, Utah, U.S., September 10, 2025. (REUTERS/Jim Urquhart)

The family of Gabby Petito faced a similar obstacle in its lawsuit against the Moab Police Department. That case alleged officers acted negligently during a traffic stop involving Brian Laundrie two weeks before he killed Petito. A judge dismissed the lawsuit under governmental immunity protections, and the family has appealed.

Charlie Kirk at UVU in the courtyard throwing hats to the crowd in front of the TPUSA tent where he was later killed

Charlie Kirk throws hats to the crowd after arriving at Utah Valley University on September 10, 2025, in Orem, Utah. Kirk, founder of Turning Point USA, was speaking during his “American Comeback Tour” when he was shot in the neck and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)

“Generally speaking, they are immune from any type of civil suit, meaning money damages,” Rice said. However, he noted that the law may contain an exception relevant to the Kirk family’s allegations.

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

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

Ledge of Loose Center roof

Area near the roof of the Loose Center on the campus of Utah Valley University. (Stepheny Price/News Outlet)

Rice said that message could prove pivotal in challenging the immunity defense because Kirk was shot and killed by a sniper positioned on a rooftop.

Charlie Kirk speaks at Utah Valley University before fatal shooting.

Turning Point USA founder Charlie Kirk spoke during his “American Comeback Tour” at Utah Valley University on Sept. 10, 2025, in Orem, Utah. Kirk was fatally shot while appearing at the event. (Trent Nelson/The Salt Lake Tribune/Getty Images)

“What they’re going to try to do—and I’m guessing here—is say that because they detrimentally relied on that assurance, they are not bound by the Governmental Immunity Act,” Rice said.

“That immunity goes away, or they find a way around it. They pierce that veil and can then pursue the school, the police chief and the government agencies because they relied on the text message and the promise that the rooftop would be protected.”

Witness in the Charlie Kirk murder pretrial hearing

Sgt. Jennifer Faumuina of the Utah Department of Public Safety motions toward a map of the Utah Valley University campus during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (Spenser Heaps/AP via Pool)

The notice of claim also alleges that no officers were physically stationed at the site and that no one was monitoring security camera feeds in real time as the suspect moved through the area.

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

Tyler Robinson, charged with killing Charlie Kirk appears in court

Tyler Robinson, accused of murdering Charlie Kirk, appears during a hearing in Fourth District Court in Provo, Utah, Thursday, December 11, 2025. (Rick Egan/The Salt Lake Tribune via Pool)

“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 the Kirk 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 who is also following the case, told News Outlet that she could not say definitively whether Long’s message would overcome the immunity defense. 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.”

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