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.

This story was originally published March 2, 2015 at 8:29 AM with the headline "Cleveland: Boy shot by cop killed because of his own actions."