Utah judge dismisses Gabby Petito’s wrongful death lawsuit against Moab police

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FILE – A press conference was planned regarding the remains found in the park belonging to Brian Laundrie. Laundrie is a person of interest in the murder of Gabby Petito. (Photo: Thomas O’Neill/NurPhoto via Getty Images)

LOS ANGELES – A Utah judge on Wednesday dismissed a $50 million wrongful death lawsuit filed by Gabby Petito’s parents against the city of Moab, claiming 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 the Utah government’s immunity law in his decision. While the plaintiffs’ lawyer, Judson Burton, argued that the law was unconstitutional, the judge stated that he could not decide on this issue, but the Utah Court of Appeals could consider the issue.

Petito’s family said in a statement that they hoped the higher courts would protect their right to seek justice and that the dismissal was expected.

What happened at 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 identified Petito as the attacker and separated the couple overnight but allowed them to continue their trip the next day.

Weeks later, Petito was reported missing on September 11, 2021, after Laundrie returned to Florida alone. His body was found on September 19 near Grand Teton National Park in Wyoming. Authorities determined he drowned. Laundrie later died by suicide, leaving behind a notebook confession.

An independent investigation into the Moab police response found that officers made “several unintentional errors” and suggested that Petito was likely the victim of long-term domestic violence.

Why did the case 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.

His lawyers argued that officers sympathized with Laundrie during the stop, put Petito in a police car and may have encouraged him by joking with his fiancée. The lawsuit also alleged that officers failed to properly investigate signs of domestic violence despite knowing the risks.

But Moab attorney Mitchell Stephens defended the dismissal, citing government immunity and stating that allegations linking Moab police to Petito’s death were speculative.

What’s next in the legal fight?

Petito’s parents plan to file an appeal to challenge the constitutionality of Utah’s immunity law. They argue that the law should not shield police departments from accountability when negligence causes harm.

Source

This article contains information from the Associated Press.