Judge Dismisses Gabby Petito Family’s Wrongful Death Lawsuit Against Police

A judge in Utah dismissed a wrongful death lawsuit filed by the family of Gabby Petito against the police department in the city of Moab.
The lawsuit alleged that police failed to take adequate action during a traffic stop to protect their daughter from the man who would later kill her.
Judson Burton, the attorney representing Petito’s parents, argued that the state law shielding government agencies from lawsuits is unconstitutional and confirmed plans to appeal the decision.
Seventh District Court Judge Don Torgerson stated he could not rule on the constitutionality of the law but noted that the issue could be addressed by the Court of Appeals, according to KSL-TV.
Gabby Petito, 22, was traveling cross-country in a converted camper van with her fiancé, 23-year-old Brian Laundrie, documenting their journey on social media. On August 12, 2021, police in Moab stopped the couple after receiving a report of a man slapping a woman. Officers concluded that Petito was the aggressor and instructed the pair to spend the night apart.
Petito’s parents last heard from her in late August and reported her missing on September 11, 2021, after Laundrie returned to Florida without her.
The search for Petito captured global attention, with amateur sleuths combing through social media for leads. The case also sparked criticism of authorities and the media for disproportionately focusing on missing white women compared to women of color.
Laundrie was named a person of interest in Gabby Petito’s disappearance but went missing two days before her body was discovered on September 19, 2021, near Grand Teton National Park in Wyoming. Authorities later determined she had been strangled.
A month later, Laundrie’s remains were discovered in a wildlife reserve near his parents’ home in Florida. Authorities determined he died from a self-inflicted gunshot wound and left behind a notebook in which he confessed to killing Petito.
Moab Police Department
An independent investigation concluded that Moab police made “several unintentional mistakes” during their encounter with Petito and Laundrie. The report stated that Petito was likely “a long-term victim of domestic violence, whether that be physically, mentally, and/or emotionally.”
Joseph Petito and Nichole Schmidt, Gabby Petito’s parents, filed a $50 million lawsuit against the Moab Police Department in November 2022.
Petito’s parents, through their attorney Judson Burton, revealed Wednesday that Petito called them during her interaction with Moab police, assuring them that the officers would handle the situation. Burton said the family urged her to return home but trusted the police to intervene. He argued that a “grossly negligent” investigation ultimately heightened the risk of harm to their daughter.
Burton stated that officers placed Petito in a police car while showing sympathy toward Laundrie, even laughing with him—behavior Burton argued may have emboldened Laundrie. He noted that one officer acknowledged the risks associated with domestic violence, demonstrating an understanding of the situation, but failed to act appropriately.
Mitchell Stephens, the attorney for the Moab Police Department, sought dismissal of the lawsuit, citing governmental immunity. He also dismissed claims of the department’s role in Gabby Petito’s death as purely speculative.
“Moab is not liable for criminal conduct that occurred a month later in a different state. Brian Laundrie is the cause of Gabby Petito’s death,” Stephens said.
This article includes reporting from The Associated Press.