The widow and children of Charlie Kirk have taken the first legal step toward a wrongful death lawsuit against Utah Valley University and the State of Utah, accusing campus officials of catastrophic security failures that allowed a rooftop shooter to kill the conservative commentator in 2025.
Attorneys for Erika Kirk and the couple’s two young children filed a notice of claim dated September 9, one day before the one-year anniversary of Kirk’s death. Under Utah law, the filing is required before a formal lawsuit can be brought against a public university or state entity, with a formal suit needing to follow within two years of the death.
Warnings Ignored Before the Shooting
The notice names the State of Utah, UVU, the UVU Police Department, Campus Police Chief Jeffrey Long, then-President Astrid Tuminez, and other state officials. It charges them with “a series of stunning failures and reckless decisions” that “created a foreseeable danger to Charlie” and “rendered Mr. Kirk helpless to the rooftop shooter in an assassination that could have been avoided.”
Before the event, Turning Point USA received a warning from its campus chapter that students had roof access “pretty close” to where Kirk would be speaking at the Sorensen Student Center. A TPUSA official forwarded that warning to Chief Long and asked that access be controlled or that a TPUSA security member be allowed on the roof. According to the filing, Long replied, “I got you covered.” The rooftop from which authorities say the fatal shot was fired was never secured. UVU employees reportedly found beer bottles and trash there regularly, and students were known to use the area as a hangout.
The claim also notes that only six campus police officers, representing 25 percent of the UVU force, were assigned to the event. According to the filing, Chief Long requested additional officers but was denied by then-President Tuminez. Charlie Kirk wrongful death claim details that no written security plan existed, no drones were deployed, and nearby Orem police, which operate a sophisticated drone program, were never contacted for assistance.
No Ambulance, No First Responders on Scene
The filing also states that after Kirk was shot, first responders were not on hand, and he was transported to Timpanogos Regional Hospital in a private vehicle rather than an ambulance. Attorney Brett Parkinson said the killing “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.”
TPUSA spokesman Andrew Kolvet wrote about the filing on X, saying, “Charlie deserved the best, and he didn’t get it. But nothing novel or extraordinary was required to keep CK and the crowd safe. The basics were not even close to being covered.” He also noted that CCTV cameras on campus were not monitored in real time during the event.
What Comes Next in the Case
Kirk, the 31-year-old founder of Turning Point USA, was shot in the neck on September 10, 2025, while debating students in an outdoor courtyard at UVU in Orem. Authorities say Tyler Robinson fired from the rooftop of the nearby Losee Center. Robinson has pleaded not guilty, and prosecutors are seeking the death penalty against him.
The notice of claim does not specify a dollar amount but states that damages are “substantial.” The Kirk family has up to two years from the date of death to file a formal civil lawsuit against UVU and the state.
