Utah Supreme Court to Hear Petito Family's Case Against Moab Police

The family's wrongful death lawsuit was previously dismissed under Utah's governmental immunity laws.

Jan. 30, 2026 at 9:39am

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The family of Gabby Petito will have their case against the Moab Police Department heard by the Utah Supreme Court. The Petito family's wrongful death lawsuit against the police department was dismissed in 2024, but they are appealing the decision, claiming officers failed to properly intervene during a domestic incident involving Petito and her boyfriend Brian Laundrie prior to her death.

Why it matters

This case raises questions about police accountability and the application of governmental immunity laws, especially in cases where officers may have failed to properly respond to signs of domestic violence. The outcome could set an important precedent regarding municipal liability and the constitutional rights of victims' families.

The details

The Petito family's lawsuit alleges that if Moab police officers had followed the law during their encounter with Petito and Laundrie, Gabby would still be alive. The officers determined Petito was the aggressor in the incident and separated the couple for the night, despite signs of a potential domestic violence situation. An investigation later found the officers made "several unintentional mistakes" in their handling of the case.

  • The Petito family's wrongful death lawsuit against the Moab Police Department was dismissed in November 2024.
  • Oral arguments in the Petito family's appeal will be heard by the Utah Supreme Court on March 4, 2026.

The players

Parker & McConkie

The law firm representing the Petito family in their case against the Moab Police Department.

Gabby Petito

The 22-year-old woman whose death led to the lawsuit against the Moab Police Department.

Brian Laundrie

Petito's boyfriend, who was identified as the aggressor in the domestic incident with Petito and later claimed responsibility for her death before dying by suicide.

Moab Police Department

The police department being sued by the Petito family for alleged negligence in their handling of the domestic incident involving Petito and Laundrie.

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What they’re saying

“The Petito family and their legal team remain steadfast in their pursuit of justice for Gabby and in seeking clarity from the Utah Supreme Court regarding municipal liability and the constitutional right to recover for wrongful death.”

— Parker & McConkie, Law firm representing the Petito family

What’s next

The Utah Supreme Court will hear oral arguments in the Petito family's case against the Moab Police Department on March 4, 2026.

The takeaway

This case highlights the ongoing debate around police accountability and the application of governmental immunity laws, especially in situations where officers may have failed to properly respond to signs of domestic violence. The outcome could set an important precedent regarding the rights of victims' families to seek justice.