Judge dismisses Gabby Petito wrongful death lawsuit against Utah police

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UTAH - Utah judge on Wednesday dismissed a $50 million wrongful death lawsuit filed by Gabby Petito’s parents against the city of Moab, alleging police failed to protect their daughter during an August 2021 domestic violence incident involving her fiancé, Brian Laundrie.

Seventh District Court Judge Don Torgerson cited Utah’s governmental immunity law in his decision. While plaintiffs’ attorney Judson Burton argued the law is unconstitutional, the judge said he could not rule on the matter but noted the Utah Court of Appeals could address it.

In a statement, Petito’s family said the dismissal was anticipated, expressing hope that higher courts would preserve their right to seek justice.

What happened during the 2021 police stop?

Petito, 22, was traveling cross-country with Laundrie in a camper van when Moab police stopped the couple on Aug. 12, 2021, following a report of a man slapping a woman. Officers determined Petito was the aggressor and separated the couple for the night but allowed them to continue their trip the next day.

Weeks later, Petito was reported missing on Sept. 11, 2021, after Laundrie returned to Florida alone. Her body was found on Sept. 19 near Grand Teton National Park in Wyoming. Authorities determined she had been strangled. Laundrie later died by suicide, leaving behind a notebook confession.

An independent investigation into the Moab police response found officers made "several unintentional mistakes" and suggested Petito was likely a long-term victim of domestic violence.

Gabby Petito case: Brian Laundrie died by suicide, family attorney says

One month after Brian Laundrie's remains were found at a Florida preserve, his parents have learned his cause of death was a self-inflicted gunshot wound to the head, according to the family's attorney.

Why did the lawsuit target Moab police?

Petito’s parents, Joseph Petito and Nichole Schmidt, filed the lawsuit in November 2022, claiming Moab police’s actions during the traffic stop were "grossly negligent" and increased the likelihood of harm to their daughter.

Their attorney argued that officers sympathized with Laundrie during the stop, placing Petito in a police car and joking with her fiancé, which may have emboldened him. The lawsuit also contended that officers failed to properly investigate signs of domestic violence despite recognizing the risks.

However, Moab’s attorney, Mitchell Stephens, argued for dismissal, citing governmental immunity and stating that allegations connecting Moab police to Petito’s death were speculative.

What’s next in the legal battle?

Petito’s parents plan to appeal, aiming to challenge the constitutionality of Utah’s immunity law. They argue the law should not shield police departments from accountability when negligence contributes to harm.