Kirk Family May Bypass Archaic Law Shielding Government 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.

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.

“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.

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.

“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.”

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.

“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.”