Erika Kirk, the couple's two children and Kirk's parents claim officials ignored rooftop dangers before the Christian conservative activist was fatally shot
Charlie Kirk's family is taking its first formal step toward a wrongful death lawsuit, alleging that "stunning failures and reckless decisions" by Utah Valley University and state officials left the Christian conservative activist vulnerable to assassination.
A notice of claim dated September 9 was filed on behalf of Kirk's estate, his widow Erika Kirk, their two young children and his parents, Robert and Kathryn Kirk. The document notifies Utah Valley University and the State of Utah that the family intends to seek damages over Kirk's September 10, 2025, death.
The filing is not yet a lawsuit. However, it is a legally required warning that a civil action may be brought against a public institution, and it reveals the family's sweeping allegations about what went wrong before Kirk walked onto the university's outdoor stage.
Attorney D. Loren Washburn argues that university officials failed to conduct a meaningful risk assessment, prepare a written security plan, secure the roofs surrounding the event or obtain sufficient assistance from neighboring police departments. The notice claims those failures created a foreseeable danger for Kirk as he addressed thousands of people during Turning Point USA's American Comeback Tour.
One detail is likely to become central to the dispute. According to the family's filing, a Turning Point USA representative specifically warned Utah Valley University Police Chief Jeffrey Long that students could access a roof near the location where Kirk would appear.
Long allegedly replied, "I got you covered."
The family says that promise was not fulfilled. Prosecutors allege that Tyler Robinson later obtained access to the roof of the university's student resource center and shot Kirk from approximately 200 yards away.
The notice reportedly describes the outdoor venue as a "fishbowl," surrounded by buildings and elevated positions that could be used to observe-or attack-the speaker. It also claims the university's then-president, Astrid Tuminez, rejected a police request to assign more officers to an event attended by thousands.
Only six campus officers were reportedly deployed, according to the family's filing. The notice further alleges that local police agencies were not asked to provide additional officers and that no emergency medical team was positioned close enough to respond immediately.
After Kirk was shot, members of his team transported him to the hospital in a private vehicle rather than waiting for an ambulance. The family's attorneys cite that detail as another indication that emergency planning was inadequate.
Kirk, 31, was launching Turning Point USA's American Comeback Tour when he was fatally struck during the outdoor gathering. His death shocked the political and Christian communities and prompted an international debate over political violence, campus security and the risks faced by controversial public speakers.
Utah Valley University confirmed that it had received the notice but did not address the allegations individually. A university spokesperson said UVU would handle the matter through its "established processes" while continuing to support the campus community. Reuters reported that the notice alleges Turning Point USA warned police about the rooftop risk before the event.
Robinson, 23, has pleaded not guilty to aggravated murder and other charges. Prosecutors are seeking the death penalty, but no trial has taken place, and he remains legally presumed innocent. A hearing expected to address the trial schedule is set for October 23.
The civil claim and criminal prosecution are separate matters. Robinson's case will determine whether prosecutors can prove that he carried out the killing, while the potential wrongful death lawsuit would ask whether the university and state failed in their responsibility to protect Kirk.
The filing comes shortly after the first anniversary of Kirk's death, reopening painful questions for a family that has spent the past year grieving in public. Erika Kirk has frequently spoken about her Christian faith following her husband's killing, most notably when she publicly forgave the accused gunman while acknowledging the devastating cost of the attack.
Forgiveness, however, does not necessarily mean abandoning the pursuit of accountability. The family's new filing suggests it intends to force a public examination of the decisions made before Kirk stepped onto that Utah stage-and whether a series of basic precautions might have saved his life.
The notice was filed one day before the anniversary of the assassination. According to People's account of the claim, the family contends that the university's handling of the event created a danger that should have been anticipated.
