The city of Cleveland has come out against the family of a 12-year-old boy who was killed at the hands of a police officer.

Tamir Rice was shot dead by an officer just two seconds after the cop encountered the boy, who was holding a gun, playing in a park with his sister on November 22.

The initial call of complaint came from someone who told the dispatcher the gun was 'probably fake' and the gun ultimately turned out to be a non-lethal pellet gun.

His family filed a wrongful death lawsuit and now the city has responded by saying the young boy failed 'to exercise due care to avoid injury.'

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The city of Cleveland has issued a response to the wrongful death lawsuit filed by the family of Tamir Rice (above)

Tamir, 12, was shot dead (above) by a police officer two seconds after arriving on the scene even though the boy was holding a pellet gun

The city has said that Tamir (above) failed 'to exercise due care to avoid injury' when he was shot by police officer Timothy Loehmann

The city also stated in their response, obtained by Cleveland.com, that Tamir died because of 'the conduct of individuals or entities other than Defendant.'

The Defendant is police officer Timothy Loehmann.

Also named as a plantiff in the family's suit in Tamir's sister Tajai, 14, who was tackled by an officer as she ran towards the body of her brother screaming 'my baby brother, they killed my baby brother.'

The officers then handcuffed the young girl and threw her in the back of a squad car.

At no point was Tamir given medical attention until an FBI agent on a nearby bank detail arrived, almost five minutes after the shooting.

The entire incident, from the moment police arrive on the scene to when Tajai is taken down and handcuffed to the arrival of the agent who provided first aid, was caught on video which the city was initially reluctant to release it to the public.

Tamir's family (above) filed a wrongful death lawsuit in January

A police union official at the time said the officers thought the gun was real and that they didn't know Tamir, who was 5' 7" and weighed 195lbs, was so young.

Police were also not told that the call of complaint came from someone who told the dispatcher Tamir was a child and that the gun he had was 'probably fake.'

The city in their filing also claimed to have no knowledge of Loehmann's checkered pass and reports he had used excessive force numerous times in the past.