Cleveland: Boy shot by cop killed because of his own actions

CLEVELAND – The city of Cleveland says it isn’t to blame for the death of a 12-year-old boy who had a pellet gun when he was shot by police near a recreation center.

In court documents, the city says Tamir Rice’s injuries and the subsequent complaints for damages were the result of his own actions and a failure “to exercise due care to avoid injury.” That’s among 20 defenses in Cleveland’s response to a federal lawsuit filed on behalf of Tamir’s family.

The city also says it didn’t violate Tamir’s federal rights and is entitled to certain legal immunities.

An officer responding to a call about someone with a firearm shot the boy on Nov. 22.

The family’s complaint alleges excessive force, negligence and failure by police to immediately provide first aid.