Home News Judge dismisses Petito family’s wrongful-death lawsuit against Moab police

Judge dismisses Petito family’s wrongful-death lawsuit against Moab police


A judge on Wednesday dismissed the wrongful-death lawsuit filed by the family of Gabby Petito against police in Moab, Utah, alleging they could have prevented her fiancé from murdering her.

Petito and fiancé Brian Laundrie had been traveling cross-country in 2021 when they were stopped by Moab police on bystanders’ reports that Laundrie had been seen slapping her during an argument.

FILE - In this image taken from police body camera video provided by the Moab Police Department, Gabrielle "Gabby" Petito talks to a police officer after police pulled over the van she was traveling in with her boyfriend, Brian Laundrie, near the entrance to Arches National Park on Aug. 12, 2021. A letter written by Roberta Laundrie to her late son Brian Laundrie can be used by the attorney for Petito's parents in preparation for their negligence lawsuit filed against Laundrie's parents and their New York-based attorney in their high-profile case involving Petito's death. (Moab Police Department via AP, File)
In this image taken from police body camera video provided by the Moab Police Department, Gabrielle “Gabby” Petito talks to an officer after police pulled over the van she was traveling in with her boyfriend, Brian Laundrie, near the entrance to Arches National Park on Aug. 12, 2021. (Moab Police Department via AP, File)

Police separated the couple for the night after interviewing Laundrie and determining Petito had been the aggressor, classifying the incident as a mental health crisis rather than domestic assault.

Weeks later, Laundrie returned home without 22-year-old Petito. Her body was later found at the edge of Grand Teton National Park. A Wyoming coroner ruled she died of blunt force trauma and strangulation.

Laundrie, 23, was later found dead by suicide in a Florida wildlife sanctuary, with a notebook in which he confessed to killing Petito.

Petito’s family said her murder “might have been prevented” if that police stop had resulted in more intervention than simply having the couple spend the night apart.

The department later issued a report acknowledging that “unintentional mistakes” were made during the fateful traffic stop.

FILE - In this image taken from police body camera video provided by the Moab Police Department, Brian Laundrie talks to a police officer after police pulled over the van he was traveling in with his girlfriend, Gabrielle "Gabby" Petito, near the entrance to Arches National Park in Utah on Aug. 12, 2021. A letter written by Roberta Laundrie to her late son Brian Laundrie can be used by the attorney for Gabby Petito's parents in preparation for their negligence lawsuit filed against Laundrie's parents and their New York-based attorney in their high-profile case involving Petito's death. (Moab Police Department via AP, File)
In this image taken from police body camera video provided by the Moab Police Department, Brian Laundrie talks to an officer after police pulled over the van he was traveling in with his girlfriend, Gabrielle “Gabby” Petito, near the entrance to Arches National Park in Utah on Aug. 12, 2021. (Moab Police Department via AP, File)

The $50 million lawsuit was filed in November 2022 against three Moab officers plus 10 others, accusing them of “negligent failure” to dig deeper into the domestic tiff that got them involved.

On Wednesday, the Petito family said they would appeal the judge’s ruling, which maintained that holding the police responsible would violate Utah’s state constitution.

According to Salt Lake City’s NBC affiliate KSL, Seventh District Court Judge Don Torgerson said he could not address the constitutionality of the law but that it could be done in the Court of Appeals.

With News Wire Services

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