Orem, Utah — September 16, 2026
The family of Charlie Kirk, including Erika Kirk, have taken the first step towards a potential wrongful death lawsuit against Utah Valley University. They allege failures in security planning contributed to Charlie Kirk’s fatal shooting on campus last year. The notice of claim, dated September 9th, names the State of Utah, UVU, the UVU Police Department, UVU Chief of Police Jeffrey Long, former UVU President Astrid Tuminez, and other unidentified state actors as prospective defendants. The prospective plaintiffs include Kirk’s estate, his widow Erika and their two children, along with possible claims from other members of Kirk’s family.
The notice, while not yet an official lawsuit, marks a procedural step required before certain claims can be brought against a government entity. Attorneys working for the Kirk family say the claims include wrongful death under Utah law and a federal constitutional claim based on what they describe as “state-created danger”.
Kirk’s family claims UVU did not conduct a meaningful risk assessment before approving the outdoor location, did not create a written security plan, and did not hold a security briefing before the event. They also allege the environment of the event can be accurately described as “walking him into a fishbowl”. The notice further alleges that UVU did not request assistance from neighboring law enforcement agencies such as the Orem and Provo police departments before the shooting; these claims remain unproven in court.
Another central allegation to the filing revolves around rooftop security at the event. According to the notice, a Turning Point USA official contacted Jeff Long, UVU Chief of Police, before the event, after receiving a warning about accessible rooftops near Kirk’s location. The TPUSA official asked whether access could be controlled or whether a member of Kirk’s security team could be stationed there. Long responded, according to the filing, “I got you covered”. The family’s attorneys argue that the response led Turning Point USA to believe UVU police would address the rooftop risk.
UVU acknowledged the notice and provided a statement to multiple news organizations on Wednesday, September 16th, saying "We are aware of the notice of claim. UVU addresses legal matters consistent with our established processes. Our focus remains on supporting our campus community."
Following Kirk’s death, UVU hired two third-party organizations to conduct an independent review of campus security procedures surrounding the event on September 10th. While the university has not yet released this review, officials have stated they expect it to be completed this fall.
The allegations included in the notice have not yet been proven in court, and a wrongful-death lawsuit has not been officially filed. This notice simply reserves the Kirk family’s ability to pursue these claims in court through litigation.
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