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Charlie Kirk’s family has taken the first step toward suing Utah Valley University and the state of Utah, alleging that serious security failures left the conservative activist vulnerable to the rooftop shooter who killed him. The notice of claim, filed nearly one year after Kirk’s death, argues that university officials and campus police failed to follow through on security assurances.

Charlie Kirk’s Family Takes First Step Toward A Lawsuit

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The lawsuit, obtained by Fox News, also alleges that the university ignored specific concerns about rooftop access and assigned too few officers to an event attended by approximately 3,000 people.

“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,” family attorney Brett Parkinson said.

Kirk’s widow, Erika Kirk, and the couple’s two minor children are identified as the prospective plaintiffs in the September 9 filing. It also acknowledges possible claims from Kirk’s parents, Robert and Kathryn. The notice names Utah Valley University, the state of Utah, and individuals involved in university leadership and campus security decisions.

A notice of claim is not the same as a lawsuit. Instead, it is a required preliminary step that preserves the family’s ability to pursue legal action against government entities. The filing does not specify how much money the family may seek.

In addition to a wrongful death allegation, the notice raises a “state-created danger” claim under the United States Constitution. That legal theory generally alleges that government officials took actions that created or increased a danger an individual otherwise would not have faced.

The claims have not yet been proven in court.

Organizers Allegedly Warned Police About Rooftop Access

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Kirk was killed on September 10, 2025, while speaking in an outdoor courtyard at UVU during the first stop of Turning Point USA’s “American Comeback Tour.” Authorities said a gunman fired from the roof of the nearby Losee Center.

The family’s filing alleges that Turning Point USA organizers had specifically raised concerns about access to rooftops surrounding the event. In one exchange cited in the notice, organizers reportedly told UVU Police Chief Jeffrey Long that students had warned them about access to the roof of the Sorenson Center, another building close to the speaking area.

“If this is true, it would be nice to either have it controlled access or allow one of my guys to be there as well,” someone from TPUSA allegedly wrote to Long. “If possible.”

“I got you covered,” Long allegedly responded.

Despite that assurance, the filing claims the Losee Center rooftop was not secured. The family’s attorneys argue that the possibility of a rooftop attack should have been treated as a serious concern following the attempted assassination of President Donald Trump at a Pennsylvania campaign rally in 2024.

“The risk of a rooftop shooter should have been especially top-of-mind given the attempted assassination of President Trump, Charlie Kirk’s close friend and political ally, by a rooftop shooter the previous year,” the notice states.

• Erika Kirk sent a powerful message to the vandals who targeted her late husband’s statue, declaring, “They think spray paint can obscure his legacy.”
• A close ally urged Erika Kirk to step down as CEO of TPUSA so she could “help her kids and herself heal.”
• Erika Kirk’s “Until Heaven” photo tribute to her late husband was met with “cruel” mockery, prompting supporters to condemn critics of the widow.
• Erika Kirk recalled avoiding her bedroom “for months” after Charlie’s death while reflecting on how she coped with her grief.
• Erika Kirk issued a bold statement addressing the judge’s ruling involving her husband’s alleged killer following an emotional court appearance.

Family Says Kirk Was Placed In A ‘Fishbowl’

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The filing claims officials approved an outdoor location that left Kirk surrounded by tall buildings and other elevated positions. Attorneys described the decision as “walking [Kirk] into a fishbowl.”

“The UVU Parties could have declined to approve the Tour event in the outdoor quad location, or could have moved the venue indoors or to a more secure location, as it had done for controversial speakers in the past,” the filing states.

The family alleges that officials failed to conduct a meaningful risk assessment, create a written security plan, or hold a security briefing before the event. “Tragically, the UVU Parties failed to rise to the occasion,” the notice alleges. “Through a series of stunning failures and reckless decisions, the UVU Parties created a foreseeable danger to Charlie.”

Only six campus police officers were reportedly assigned to the gathering. “On information and belief, [UVU Campus Police] Chief Jeffrey Long requested approval from then-UVU President Astrid Tuminez to allocate more than the six officers, which represented only 25% of the UVU police force, but his request was denied,” the filing claims.

After the alleged denial, campus police did not request additional assistance from nearby departments in Orem or Provo, according to the notice.

Filing Details Alleged Gaps In Emergency Planning

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The family also claims that first responders were not immediately available after Kirk was shot. “The UVU Parties’ planning was so deficient that when Mr. Kirk was shot, first responders were not available and Mr. Kirk was transported to Timpanogos Regional Hospital in a private vehicle, not an ambulance,” the notice states.

Attorneys argue that university officials possessed security authority that Kirk’s private team did not have, including the ability to establish a perimeter, control access, install barriers, and use metal detectors.

The notice also claims UVU’s security cameras were not being monitored in real time. “After-the-fact review of the footage at the Preliminary Hearing in the criminal prosecution of the alleged shooter Tyler Robinson showed the shooter running across the roof of the Losee Building to a ‘sniper’s nest,’” the attorneys wrote. “If such footage had been monitored in real-time, Kirk’s tragic death could have been avoided.”

The filing further alleges that students were known to access the Losee Center roof, where beer bottles, trash and other paraphernalia had reportedly been discovered in the past.

UVU Responds To The Kirk Family’s Filing

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UVU confirmed that it was aware of the notice but did not directly respond to each allegation. The university said it “addresses legal matters consistent with our established processes.”

“Our focus remains on supporting our campus community,” UVU added in its statement.

The university has reportedly begun expanding its campus police force since the shooting. The family’s notice argues that Kirk was entitled to trust that officials would place him in a reasonably secure venue after approving the event.

“He was legally entitled to believe that when the UVU Parties approved the Tour event to be held on campus on September 10, that the UVU Parties would only hold the event in a venue and with associated security measures that made the event safe for him to attend and participate in,” the notice reads. “Instead, Mr. Kirk was exposed to the danger of a rooftop shooter that took his life.”

Tyler Robinson Has Pleaded Not Guilty

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Tyler Robinson has been charged in connection with Kirk’s death. A judge ruled that sufficient evidence existed for Robinson to stand trial, and his attorneys pleaded not guilty on his behalf. Prosecutors are seeking the death penalty.

Robinson’s criminal case is separate from the Kirk family’s potential civil lawsuit. The notice focuses on whether the university, state, and named officials allegedly contributed to the conditions that left Kirk exposed to the attack. “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,” Parkinson said.

The filing preserves the family’s ability to pursue those allegations in court, where the defendants would have an opportunity to respond formally.

The Charlie Kirk’s Family Takes Legal Action Over His ‘Preventable’ Death first appeared on The Blast