The family of late conservative commentator Charlie Kirk has formally preserved its right to pursue legal action against Utah Valley University and the State of Utah following his assassination, navigating a complex legal landscape that includes a text message exchange involving campus police.
Kirk, 31, was shot and killed on September 10, 2025, while speaking before approximately 3,000 attendees during Turning Point USA’s “American Comeback Tour” in Orem, Utah. Prosecutors allege that 23-year-old Tyler Robinson fired the fatal shot from the roof of the Losee Center across a campus courtyard and later attempted to conceal evidence. Robinson has pleaded not guilty, and prosecutors are pursuing the death penalty in the criminal case.
Attorneys representing widow Erika Kirk, the couple’s two children, and potentially Kirk’s parents filed a notice of claim on September 9. The filing marks a mandatory procedural precursor to wrongful-death lawsuits against Utah government entities. The notice targets UVU, the State of Utah, campus police, and officials responsible for event security decisions, alleging that authorities failed to properly secure the venue despite acknowledging responsibility for rooftop access.
## The Sovereign Immunity Hurdle
Under the Utah Governmental Immunity Act, government entities and their employees enjoy broad protection from civil damages claims. Maryland-based trial attorney and legal analyst Randolph Rice noted that Utah law makes civil claims against the state and university exceptionally difficult to pursue.
Similar state immunity defenses have impacted other high-profile litigation in Utah. For example, a lawsuit filed by the family of Gabby Petito against the Moab Police Department alleged officer negligence during a traffic stop involving Brian Laundrie weeks before her murder. A judge ultimately dismissed that case on governmental immunity grounds, a decision the Petito family has appealed.
Despite these statutory protections, legal analysts suggest the Kirk family’s filing contains a specific piece of evidence that could serve as a legal threshold to bypass the restriction: a text message from UVU Police Chief Jeffrey Long.
## The ‘Got You Covered’ Text
According to the family’s legal notice, Turning Point USA organizers raised concerns with Chief Long regarding accessible rooftops surrounding the campus courtyard where Kirk was scheduled to speak. One message from the organizing team requested controlled rooftop access or permission to station their own security personnel on elevated positions.
Long allegedly replied, “I got you covered,” according to the notice.
Rice explained that this communication could form the basis of a detrimental reliance argument. Plaintiffs are expected to argue that because event organizers relied on the police chief’s explicit assurance that the rooftop would be monitored and secured, the protections of the Governmental Immunity Act should not shield the university and state from accountability.
## Security Deficiencies Alleged in Notice
The family’s legal filing contends that university planners should have recognized rooftop security as a primary concern, citing the 2024 assassination attempt against Donald Trump as a direct precedent.
Beyond roof access, the notice details multiple alleged operational shortcomings by campus security. Attorneys claim that campus police operated without a written security plan and conducted no formal pre-event security briefing. Only six UVU police officers—representing roughly a quarter of the total campus force—were assigned to the gathering.
The filing alleges that Chief Long requested additional officers from then-UVU President Astrid Tuminez, but the request was denied. Campus police reportedly did not seek mutual aid assistance from neighboring Orem or Provo law enforcement agencies.
Additional criticisms in the notice focus on the selection of an outdoor venue surrounded by multistory buildings, the failure to deploy drones or live camera monitoring, and claims that first responders were not immediately accessible after the shooting. According to the filing, Kirk was transported to Timpanogos Regional Hospital in a private vehicle rather than an ambulance.
Attorney Brett Parkinson described the killing as entirely preventable, stating that the alleged security failures deprived Kirk’s family of a husband, father, son, and brother.
University officials have acknowledged receiving the notice of claim, noting that the institution handles legal matters through established procedures while maintaining support for its campus community. The university has not admitted liability for the shooting.
