Judge Dismisses Petito Family’s Lawsuit Against Moab Police, Appeal May Be Next Step

A major court case for Gabby Petito’s family came to an end on Wednesday with a decision that blocked one avenue but leaves open the possibility of another. According to Fox13, Judge Don Torgerson of the Seventh District Court dismissed a lawsuit brought by Petito’s family, ruling in favor of the Moab Police Department.

In Moab, Utah, Petito and her partner Brian Laundrie were involved in a domestic violence episode that gave rise to the complaint. A fight between the couple was witnessed by witnesses, ABC4 said. Petito’s family said that the police did not take the appropriate steps to stop Laundrie from killing her later. The judge’s decision, however, exonerated the Moab Police of the accusations made against them.

While expressing sympathy to the Petitos regarding the potential role that a poor investigation may have played in Petito’s murder, Judge Torgerson clarified that officers and government agencies were shielded from such lawsuits by the state’s Governmental Immunity Act and established case law. According to KUTV, the judge recognized the plaintiff’s initial argument but was required to follow established legal standards.

Mitchell Stephens, an attorney for the City of Moab, contended in court that it was speculative to make a straight causal linkage, as the Petitos had asserted, because of the time and geographical gaps between the domestic violence episode and Petito’s murder. Stephens noted that “Gabby Petito passed away 38 days following the domestic abuse incident 400 miles away in another state,” according to ABC4. The basis of Stephens’ defense was the argument that this conjecture required the court to find in favor of Moab under state law, which erroneously appeared to imply that the implication of Petito’s death was only a conjecture.

But the family could file an appeal. Although acknowledging the district court level’s limits, Torgerson himself raised the prospect of a more thorough investigation at the appellate level. If the Petito family chooses to pursue this path in their ongoing pursuit of responsibility, they now face the next legal obstacle.

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