Cleveland: 12-Year-Old Boy Shot By Cop Died Because Of His Own Actions

CORRECTS THE ID OF THE MALE ON POSTER TO TAMIR RICE - Tomiko Shine holds up a picture of Tamir Rice, the 12 year old boy fatally shot on Nov. 22 by a rookie police officer, during a protest in response to a grand jur... CORRECTS THE ID OF THE MALE ON POSTER TO TAMIR RICE - Tomiko Shine holds up a picture of Tamir Rice, the 12 year old boy fatally shot on Nov. 22 by a rookie police officer, during a protest in response to a grand jury's decision in Ferguson, Mo. to not indict police officer Darren Wilson in the shooting death of Michael Brown, an unarmed black man, at the Department of Justice in Washington, Monday, Dec. 1, 2014. Protesters across the U.S. have walked off their jobs or away from classes in support of the Ferguson protesters. Rice's death has also sparked community demonstrations against police shootings. (AP Photo/Jose Luis Magana) MORE LESS
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CLEVELAND (AP) — 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.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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