JUDGE RULES AGAINST GABBY PETITO FAMILY IN MOAB POLICE LAWSUIT

Gabby Petito was strangled by her then boyfriend Brian Laundrie while the pair were on a cross-country van trip. The FBI report  states that Laundrie confesses to the murder in a hand written notebook, found near the remains of Laundrie's body after he committed suicide.  According to the report, Laundrie tried to cover up Petito's death by using the woman's debit card, and then also sending text messages from her phone, to give the impression that Gabby was still alive. During the trip, a domestic violence episode was caught on Moab police body cam, after a 911 call came in reporting a man slapping a woman. 

The footage shows Petito was injured with scratches and  bruises. Police determined however that Petito was the aggressor, after she admitted hitting Laundrie.   The pair was separated for the night, with no domestic violence counseling. 

Petito's family filed a wrongful death lawsuit  against the Moab Police Department. Utah's 7th District Court Judge Don Torgerson dismissed the case, citing governmental immunity. Torgerson said he is bound to follow the law as it currently exists and follow rulings of other courts. The Petito's attorney argued to end just the police immunity.  He added the Court of Appeals has the authority to determine whether the governmental immunity law is constitutional.

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