CLEVELAND, March 1 (UPI) -- The city of Cleveland issued a response to a lawsuit by the family of Tamir Rice on Friday, saying the 12-year-old, who was shot and killed by police last year while holding a fake gun, caused his own death.

The 41-page response states that Tamir Rice's injuries "were directly and proximately caused by the failure of Plaintiffs' decedent to exercise due care to avoid injury," further stating that the "plaintiffs' decedent's injuries, losses, and damages complained of, were directly and proximately caused by the acts of Plaintiffs' decedent, not this Defendant."


Rice was shot to death while playing with a pellet gun in a park last November. Responding to a 911 call about a "a guy with a pistol" that was "probably fake," police officer Timothy Loehmann fired several shots at Rice two seconds after arriving on scene.

Video of the incident shows a police cruiser roll up to the gazebo where Rice played and Loehmann shoot Rice 1.7 seconds after exiting his vehicle. Neither Loehmann or his partner Frank Garmback applied first aid, and Rice did not receive emergency medical attention until four minutes later when an FBI agent arrived. He later died in the hospital.

Loehmann and Garmback were placed on paid leave pending an investigation and grand jury hearing.

The Rice family filed a wrongful death lawsuit against both officers and the city of Cleveland in December, later amending the complaint to include 100 unknown 911 operators, police officers and city employees.

The Rice's co-counsel, Benjamin Crump, said the family was "just in disbelief" over the city's response to the lawsuit.

Co-counsel Walter Madison said the such tactics in Cleveland "preceded [Tamir's] death and the subsequent victim blaming are examples of the institutionalized behavior that has beset the Cleveland Police Department. The Rice family's lawsuit seeks to eliminate certain institutional behaviors and practices that have no place in our diverse community."