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FILE – A press conference has been scheduled regarding remains related to Brian Laundrie that were discovered in the park. Laundrie is a person of interest in Gabby Petito’s murder. (Photo by Thomas O’Neill/NurPhoto via Getty Images)

LOS ANGELES – A Utah judge on Wednesday dismissed a $50 million wrongful-death lawsuit brought by Gabby Petito’s parents against the city of Moab, alleging police failed to protect their daughter during an August 2021 domestic violence incident in which she was involved her fiance, Brian Laundrie.

7th District Court Judge Don Torgerson cited Utah’s state immunity law in his ruling. While the plaintiffs’ attorney, Judson Burton, argued that the law was unconstitutional, the judge said he could not rule on the matter, but noted that the Utah Court of Appeals could take up the issue.

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

What happened during the 2021 police shutdown?

Petito, 22, was traveling cross-country with Laundrie in a 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 journey the next day.

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

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

Why did the lawsuit target Moab police?

Petito’s parents, Joseph Petito and Nichole Schmidt, filed the lawsuit in November 2022, alleging that the actions of Moab police during the traffic stop were “grossly negligent” and increased the likelihood that their daughter would be injured.

Their attorney argued that the officers sympathized with Laundrie during the stop, putting Petito in a police car and joking with her fiance, which may have encouraged her. The suit also alleged that officers failed to properly investigate signs of domestic violence, despite recognizing the risks.

However, Moab’s attorney, Mitchell Stephens, argued for a dismissal, citing government immunity and saying the allegations linking Moab police to Petito’s death were speculative.

What’s next in the legal battle?

Petito’s parents plan to appeal, seeking to challenge the constitutionality of Utah’s immunity law. They argue that the law should not shield police departments from liability when negligence contributes to the injury.

Source

This article includes information from the Associated Press.