Judge dismisses Petito family’s lawsuit against Moab police

MOAB, Utah – During a hearing Wednesday morning, a judge ruled in favor of the Moab Police Department in a lawsuit filed by the family of Gabby Petito.

Petito was murdered in August 2021 in Wyoming by her boyfriend Brian Laundrie. Two weeks earlier, the couple was involved in a domestic violence incident in which Moab police failed to arrest one or both of them, violating state law and department policy.

Her family filed a $50 million civil lawsuit, arguing that police did not conduct a thorough enough investigation to determine whether Petito was a victim of domestic violence and that her life was in danger.

On Wednesday, Judge Don Torgerson ruled that Moab police could not be held liable because of Utah’s Government Immunity Act, which protects officers from liability.

In doing so, he leaves the door open for the family to submit the case to the court of appeal.

“I think prosecutors have shown prima facie that the conduct of Moab’s officers here could have been a cause of death. Not necessarily THE cause of death, but a cause of death,” the judge said. “And based on the pleadings and any inference in favor of plaintiffs, the court will deny the motion to dismiss on the grounds of causation because that is a fact-intensive question.”

FOX 13 News contacted the Petito family and released the following statement:

“While today’s ruling may feel like a setback, it was not unexpected. We never expected this to be an easy process and look forward to the Utah Supreme Court upholding the original intent of the Utah Constitution to preserve the right to recovery for wrongful death claims. Under these circumstances, we remain committed to pursuing justice for Gabby and thank the many people who have continued to support us in that fight.”