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Spitta @CurrenSy_Spitta
America is like the end of "do the right thing" everyday....
America is like the end of "do the right thing" everyday....
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[h1] City of Cleveland responds to Tamir Rice lawsuit by saying boy's death was caused because of his own actions[/h1]
CLEVELAND, Ohio -- The city of Cleveland on Friday responded to a lawsuit filed by the family of Tamir Rice with several defenses, including that the 12-year-old died and his family members suffered because of their own actions.
The city, in its response, wrote that Tamir's death on Nov. 22 and all of the injuries his family claims in the suit "were directly and proximately caused by their own acts, not this Defendant." It also says that the 12-year-old's shooting death was caused "by the failure ... to exercise due care to avoid injury."
The response does not explain these defenses in more detail, though 20 defenses are listed in all, including another one that says Tamir died because of "the conduct of individuals or entities other than Defendant."
The city also wrote that it does not have enough information to respond in full because the Cuyahoga County Sheriff's Office's investigation into Rice's death by police officer Timothy Loehmann is not finished.
The Sheriff's Office has not given a timeline on completing its investigation into Tamir's death and turning the case over to Cuyahoga County Prosecutor Timothy McGinty's Office. A spokesman for the Sheriff's Office did not return messages left Friday.
The lawsuit was first filed in December and amended in January after Tamir's family hired new attorneys. Tamir's parents were added as plaintiffs, as was his sister Tajai Rice.
It alleges the city, Loehmann, officer Frank Garmback and 100 unknown 911 operators, police officers and city employees violated the family's rights in the fatal Nov. 22 shooting outside the Cudell Recreation Center on West Boulevard. Officers responded to a report of a man with a gun. The boy was shot less than two seconds after the officers pulled up to the gazebo outside the recreation center.
The boy was holding a pellet gun.
It goes into detail about the moments after the shooting when Tajai Rice, 14, was tackled and restrained as she ran towards her brother screaming "my baby brother, they killed my baby brother."
The suit also makes references to the Department of Justice's report released on Dec. 4, which found that Cleveland police engaged in a pattern of using excessive force against suspects, and to reports of Loehmann's questionable previous experienceas a police officer in Independence and the police's handling of the chase and shooting of Malissa Williams and Timothy Russell in 2012.
In its filing, the city, as it has done before, denied having knowledge of problems in Loehmann's past police employment history.
Finally, in response to an accusation contained in the suit that the city was using the sheriff's office's investigation as an excuse to withhold information, the city says it is not doing this and is cooperating in the investigation.
Walter Madison, an Akron attorney representing the Rice family, said Friday that he believes "that there's merit in our complaint."
"I do believe that a 12-year-old child died unnecessarily at the hands of Cleveland police officers and I do believe that certain officers shouldn't have been entitled to wear the uniform," he said.
A call left for a city spokesman was not returned Friday afternoon.
and cops didnt get charged? smh
no, he didnt
it ain't anything new pleighboi.
The boy was shot less than two seconds after the officers pulled up to the gazebo outside the recreation center.
Michael P. Maloney, a lawyer for Officer Garmback, and Henry Hilow, a lawyer for Officer Loehmann, wrote jointly in an email that they were “confident that no charges will be filed” after the investigation. “Our clients are entitled to the fair and deliberative process the law requires,” they wrote on Monday. “This process takes place in the courthouse, not on the street.” Both officers remain employed and on “light duty” status.
Upon the completion of the sheriff’s investigation, the Cuyahoga County prosecutor’s office will review the case and present it to a grand jury, which will decide whether or not to indict the officers, said Joseph F. Frolik, a spokesman for the prosecutor’s office.
The Rice family has filed a federal civil rights lawsuit against the officers and the city, and lawyers for the officers have asked that it be stayed until the criminal investigation is completed.
Online activists raised $60K for Tamir Rice’s family — so where did all that money go?
Cleveland Attorney Tim Kucharski charged #TamirRice's family 4 billable hours for attending attending Tamir's memorial service. Unreal.
0.1 hours to receive the call from the hospital that Tamir was dead, is the epitome of tacky/lame. n/c that too!
Police charged him with aggravated menacing & inducing panic...
The he'll is wrong with these people...?
View media item 1542403
yep...I wish the 911 caller got outed tooThis mess is so damn Satanic