City of Cleveland files amended response to Rice family lawsuit - Cleveland 19 News Cleveland, OH

City of Cleveland files amended response to Rice family lawsuit

12-year-old Tamir Rice was killed Nov. 22, 2014. (Source: Family) 12-year-old Tamir Rice was killed Nov. 22, 2014. (Source: Family)
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    Cleveland Police Shooting: Tamir Rice

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    12-year-old Tamir Rice was shot and killed by a Cleveland officer outside the Cudell Rec Center on Nov. 22, 2014.  Officers believed he was armed, turns out he only had a BB gun. More >>

    12-year-old Tamir Rice was shot and killed by a Cleveland officer outside the Cudell Rec Center on Nov. 22, 2014.  Officers believed he was armed, turns out he only had a BB gun.

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The city of Cleveland has officially amended the language in its response to a federal lawsuit filed on behalf of the family of 12-year-old Tamir Rice.

Rice was killed while playing with a pellet gun outside a Cleveland rec center on Nov. 22, 2014. Officer Timothy Loehmann responded to a report of someone with a gun at that location. Surveillance video shows Loehmann shot Rice within two seconds of his car stopping at that scene.

The city of Cleveland originally filed a 41-page document in response to the Rice family's lawsuit.

In it, the city said Rice's death was caused by his failure to "exercise due care to avoid injury."

The city also argued the "plaintiff's injuries, losses and damages complained of were directly and proximately caused by their own acts, not this defendant."

On March 2, days after the release of that response, Mayor Frank Jackson and Director of Law Barbara Langhenry apologized for the response, calling it insensitive and written in language used by lawyers.

The amended response was filed Friday, March 20. In it, the previous controversial language has been removed, and a new assertion added.

The response puts new blame on whoever modified the pellet gun Tamir Rice was holding.

Rice family attorney Walter Madison released this statement Friday evening in response to the new filing:

"The family struggles with the crux of the whole matter. They have viewed the video and ask 'what difference would the orange tip have made because the TOY never left his waistband?"

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