A Utah judge dismissed a $50 million wrongful death lawsuit filed by the parents of a murdered woman against the Moab Police Department, citing the state’s Governmental Immunity Act, which protects government entities from certain legal claims.
The lawsuit stemmed from an August 12, 2021, incident where Moab police officers stopped Gabby Petito and her fiancé, Brian Laundrie, following a 911 call reporting a man slapping a woman. Body camera footage showed Petito visibly distressed, with a cut on her cheek. Officers did not make any arrests, instead separating the couple. Weeks later, Petito was found deceased in Wyoming, with Laundrie later admitting to her killing in a notebook discovered after his suicide.
Petito’s parents, Nichole Schmidt and Joe Petito, filed the lawsuit in 2022, alleging that the officers’ failure to recognize signs of domestic abuse and their mishandling of the situation contributed to their daughter’s death. They argued that the police investigation was deeply flawed.
Judge Don M. Torgerson of the Seventh Judicial District Court in Grand County dismissed the case, referencing Utah’s Governmental Immunity Act, which shields police officers from negligence claims while performing their official duties.
Reports say that Petito’s family plans to appeal, contending that the statute is unconstitutional because Utah’s state constitution prohibits limiting someone’s rights to bring a wrongful death claim.
In a statement, the family expressed their determination to seek justice, acknowledging the dismissal as a setback but not unexpected.
The Moab Police Department has not publicly commented on the dismissal.
