Utah Supreme Court ruling could determine Charlie Kirk family lawsuit path

A pending appeal in the Gabby Petito murder case could determine whether Charlie Kirk's family can proceed with a wrongful death lawsuit in Utah. Brian Stewart, an attorney representing the Petito family, stated that the Utah Supreme Court must overturn the 1996 decision in Tiede v. State to allow Kirk's claims to survive dismissal. Stewart noted that without this legal shift, Kirk's potential claims would likely be dismissed under the same governmental immunity grounds that barred the Petito family's suit.

The Petito family's lawsuit against the Moab Police Department alleged negligence in officers' response to a traffic stop involving Brian Laundrie two weeks before he killed his girlfriend, Gabby Petito, in 2021. A judge dismissed that case citing Utah's governmental immunity law. Stewart explained that this law bars wrongful death claims against governmental entities when injuries arise from third-party assaults or batteries.

The legal strategy centers on the argument that the Utah Constitution prohibits lawmakers from eliminating the right to recover for wrongful death. The state constitution states that the right of action to recover damages for injuries resulting in death shall never be abrogated. The Petito family contends that the Tiede precedent, which upheld the dismissal of a lawsuit over the 1990 murders of Kay Tiede and her mother Beth Potts, does not apply to their case or should be overturned.

Kirk's family filed a notice of claim in September, a precursor to a lawsuit, alleging that Utah Valley University, the state of Utah, and key officials failed to properly secure a Turning Point USA event. The filing claimed that officials acknowledged responsibility for rooftop security but did not act on concerns raised by organizers. Among the allegations is a claim that UVU Police Chief Jeffrey Long told organizers, "I got you covered," when they raised concerns about rooftop access around the campus courtyard.

Prosecutors stated that a sniper perched on a rooftop across the courtyard shot and killed Kirk on September 10, 2025. Stewart acknowledged that Long's alleged text message constituted an act of negligence that contributed to Kirk's vulnerability and death. However, he argued that this evidence would not change the applicability of the immunity statute. Stewart compared this to the Petito case, where parents relied on police analysis at the scene despite potential opportunities to intervene.

Lawyers for Kirk's family have also laid groundwork for a potential federal claim. Tyler Robinson, Kirk's accused assassin, pleaded not guilty through his own attorneys at his arraignment on September 1. If convicted of aggravated murder, Robinson could face the death penalty. He is due in court for a scheduling hearing.