MISSOULA, Mont. — A wrongful death lawsuit filed in Missoula County court claims a man due to deadly force that was used during a response at his home on May 29, 2024.
The complaint was filed by Patti Jacques, both individually and as personal representative of Ross Robertson’s estate. It names the City of Missoula and unidentified city employees as John Does.
According to the lawsuit, Robertson was living in a mobile home owned by his mother when a burning candle accidentally set other items on fire inside the home. The filing said he threw the burning material outside and the city sent responders from the fire department, police department or both.
The lawsuit alleges Robertson had not committed a crime when he was detained. It also claimed deadly force was used during that detention and later Robertson was found unresponsive.
City employees then tried to revive him but could not, the complaint said. The filing alleged he died because of that use of force. The lawsuit further claims Robertson was unarmed and did not threaten officers or anyone else before he was detained and killed.
While the filing does not specifically identify police officers, NonStop Local reporting from June 6, 2024, states Robertson died in police custody during a fight with officers and that officers were placed under administrative leave, per department policy.
"The Missoula Police Department extends its deepest sympathies to the decedent’s family for the loss of their loved one," the police release said. "This is a deeply concerning situation that affects us all, as law enforcement professionals, we are sworn to preserve and protect life."
The case seeks damages tied to several claims, including alleged civil rights violations, assault and battery, negligence, emotional distress, wrongful death and survivorship. The plaintiffs also asked for attorney’s fees and a jury trial.
The filing said the city would be expected to defend and indemnify the unnamed employees if they were identified and added to the case.