Wrongful death lawsuit against city of Billings moved to federal court

A wrongful death lawsuit filed against the city of Billings by the family of a man shot in 2014 by a Billings police officer during a traffic stop has been moved into federal court.

The city, along with defendants Police Chief Rich St. John, Officer Grant Morrison and others, had the case transferred this week from state District Court saying federal court is the proper jurisdiction to address claims under the U.S. Constitution.

The estate of Richard David Ramirez, 38, who was fatally shot by Morrison, filed the initial lawsuit on Nov. 16, 2016 alleging Morrison violated Ramirez’s civil rights. Ramirez’s father, Julio Ramirez, is the personal representative of the estate.

A coroner’s jury in 2015 cleared Morrison of wrongdoing and ruled the shooting to be justified.

Julio Ramirez, however, accused the police department of not following procedure.

Morrison shot Ramirez during a traffic stop in an alley off of Fifth Avenue South and State Avenue. Ramirez was a passenger in the back seat and a suspect in a robbery and shooting the previous night. Ramirez, who was unarmed, did not comply with Morrison’s orders to put up his hands. Morrison testified he feared for his life.

The lawsuit seeks unspecified damages and a jury trial. The Ramirez estate is being represented by J.R. Casillas of the Datsopoulos, MacDonald and & Lind law firm in Missoula.

The city is being represented by Gerry Fagan of the Moulton Bellingham law firm in Billings.

U.S. District Judge Susan Watters will hear the case. Source: billingsgazette.com