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Tomiko Shine holds up a picture Dec. 1, 2014, of Tamir Rice, the 12-year-old boy fatally shot Nov. 22 by a rookie Cleveland police officer.(Photo: Jose Luis Magana, AP)
CLEVELAND — A 12-year-old boy with a pellet gun whom police shot in November died because of his own actions, lawyers for the city said in newly filed court papers.
Tamir Rice's injuries resulted from a failure "to exercise due care to avoid injury," one of 20 defenses filed Friday in Cleveland's response to a federal lawsuit filed on behalf of Tamir's family.
"It's incredible that they would take such a posture, such and insensitive position instead of just acknowledging bad behavior," lawyer Walter Madison, who represents Tamir's family, said Sunday. "I think the more healthy thing for them to do is to come together, acknowledge that they're wrong, work on solutions so that this never happens again and allow this family to properly heal instead of insult them."
An officer responding to a call about someone with a firearm shot the boy twice in the torso Nov. 22. The family's complaint alleges excessive force, negligence and failure by police to immediately provide first aid.
POLICE SHOOT TAMIR RICE, 12Cleveland blames Tamir Rice, 12, for his own death | 01:32In newly filed court papers, attorneys representing the city of Cleveland say Tamir Rice's death was caused by his "acts" and failure to "exercise due care." The 12-year-old was fatally shot by police while holding a toy gun. VPC
POLICE SHOOT TAMIR RICE, 12Tamir Rice dispatcher didn't give all info to cops | 01:05The name and records of the Cleveland police dispatcher who assisted police during the Tamir Rice shooting have been released. VPC
POLICE SHOOT TAMIR RICE, 12Cleveland Police minimal standards under attack | 01:56The Department of Justice has taken aim on Cleveland police training, saying officers are inadequately supported and trained. Police critics say that makes minimal standards to become a cop even more worrisome. VPC
POLICE SHOOT TAMIR RICE, 12Tamir Rice's mom seeks 'accountability' for son's death | 00:25Samaria Rice, mother of Tamir Rice, speaks out for first time after her son was shot and killed by a Cleveland police officer. The family and her attorneys want justice for the 12-year-old boy. VPC
POLICE SHOOT TAMIR RICE, 12Protesters travel hundreds of miles to march in D.C. | 01:48Five bus loads of protesters traveled from Cleveland, Ohio to Washington D.C for the National March against Police Violence. VPC
POLICE SHOOT TAMIR RICE, 12Tamir Rice's mom: The community loved him | 01:04The mother of Tamir Rice, the 12-year-old boy killed by a Cleveland police officer while holding a toy gun, shared details about the day he died. VPC
POLICE SHOOT TAMIR RICE, 12Family of boy killed by cops files wrongful death suit | 02:39The family of Tamir Rice has filed a civil lawsuit against the city of Cleveland and the two police officers involved in the Nov. 22 incident that ended with Rice, 12, dead. VPC
POLICE SHOOT TAMIR RICE, 12Cop who shot Ohio boy was asked to leave previous post | 01:53Personnel files show the Cleveland Police officer who fatally shot 12-year-old Tamir Rice was given a "dismal" review at his last police post, but an investigation reveals Cleveland Police never checked those files.
POLICE SHOOT TAMIR RICE, 12Family says goodbye to boy killed by Cleveland police | 01:21The family of Tamir Rice said goodbye to the 12-year-old boy who was shot and killed by Cleveland police officer Timothy Loehmann at the Cudell Recreation Center. Tamir Rice was laid to rest Wednesday morning. WKYC
POLICE SHOOT TAMIR RICE, 12Raw: Video shows cop shoots 12-year-old within seconds | 00:32Cleveland police released a surveillance video that shows a 12-year-old boy, Tamir Rice, being fatally shot by an officer seconds after he arrived on the scene. VPC
POLICE SHOOT TAMIR RICE, 12Protestors block, shut down dowtown Cleveland Shoreway | 01:43Protestors shut down Cleveland Shoreway. Demonstrating for 12-year-old shot by police, Tamir Rice VPC
POLICE SHOOT TAMIR RICE, 1212-year-old dies in Cleveland police shooting | 01:26Tamir Rice, a 12-year-old Cleveland resident, was shot and killed by a Cleveland police officer. And the police dispatcher didn't relay to the officers the crucial bit of information that came from the 911 caller. VPC
POLICE SHOOT TAMIR RICE, 12Police academy: Officer who shot boy with fake gun made right call | 01:22The death of Cleveland 12-year-old Tamir Rice is raising a lot of questions about why police officers needed to fire at a boy holding a fake gun. WKYC-TV, Cleveland
POLICE SHOOT TAMIR RICE, 12Cleveland Police Chief: No officer wants to kill a kid | 02:10Cleveland's police chief says the officer who fatally shot a 12-year-old boy is broken up about the incident. Tamir Rice was holding a fake gun, which was mistaken for a real one. Chief Calvin Williams says the officer was protecting himself. VPC
POLICE SHOOT TAMIR RICE, 12911 caller says Cleveland boy's gun 'probably fake' | 02:07In the 911 call that reported a boy waving a gun around at a Cleveland park, the caller says the gun was probably fake. Twelve-year-old Tamir Rice was shot and killed by police. It's unclear if the officers were ever told the gun might be fake. VPC
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