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Legal scholar says lawsuit against UVU would face sovereign immunity obstacle
Utah Valley University’s commissioned report found itself not culpable for deliberate security failures that led to the assassination of Turning Point USA CEO Charlie Kirk.
The 158-page report, released about one year after the assassination, came soon after news broke of a potential lawsuit against the school from Erika Kirk, the widow of the slain Millennial conservative leader.
“The club event was not supported by a comprehensive written Security Assessment or Event Action Plan,” the report states. The report highlights many issues with UVU’s security parameters leading up to and during the TPUSA event on Sept 10, 2025.
Campus police and TPUSA did not meet prior to the event.
“No actual face-to-face contact or pre-event debriefing activities occurred between the UVUPD Police Chief or TPUSA security representatives,” the report stated. It also highlighted the lack of coordination between the university and TPUSA as a notable security concern.
“Several key event-security decisions were deferred to the TPUSA field representative even though UVU staff members raised concerns,” the authors wrote. University staff raised concerns regarding the ticketing process and the outdoor courtyard venue, according to the report. It also argues the school should have maintained control over the ticketing system, venue selection, and access control.
The report recommends that the university, rather than a third-party group, should be in charge of final decisions regarding security.
“No immediate campus alert was activated,” the report highlights. “Subsequent campus alerts were inconsistent and contradictory.” A lack of communication caused great confusion on campus and increased safety risks to those involved, the security audit found.
The report highlights that “no individual had been specifically assigned to monitor relevant camera feeds in real time for event security purposes.”
Authors of the study also said they could not reach a handful of key security officials at Turning Point to get their perspective.
Officials would not comment when asked questions by The College Fix.
Thatcher and Co., the hired public relations firm, declined to comment further, directing The Fix to a news release.
The news release laid out next steps for the university, and also said no one on at the school acted in “bad faith.”
Media officials stated in part:
It is the opinion of the Project Team, based on our review of all available information, that at no time during the events leading up to the assassination of Charlie Kirk, or in its aftermath, did any employee or agent of UVU act in bad faith or in willful and wanton disregard for the safety of others.
Utah Valley’s study of the security breakdowns came out at the same time an attorney for the Kirk family filed a notice of an intent to sue in mid-September, ABC News reported.
A legal scholar said the university likely will prevail on sovereign immunity claims, if sued.
Professor Christopher Robinette told The College Fix that “many jurisdictions protect [universities] with sovereign immunity.”
“In fact, Utah has a particularly strong statutory immunity, covering government entities–including their employees—for exercising discretionary functions even if the discretion is abused,” the Southwestern Law School expert stated. “Moreover, immunity is afforded if the injury arises out of or in connection with, or results from a battery, such as a shooting.”
Professor Robinette concluded: “A finding of immunity would not mean that UVU was not at fault for Kirk’s death. It would mean that even if it were at fault, it would not be liable.”
