The family of the 12-year-old boy shot and killed by a police officer in Cleveland is suing for wrongful death and a host of other claims.
The family of Tamir Rice, who was shot by an officer in November when he mistook Tamir’s toy gun for a real weapon, filed the updated lawsuit on Friday against police officers, the city, and emergency dispatchers.
The suit claims excessive force, negligence, infliction of emotional distress on his family, violation of due process, and failure to provide first aid for Tamir just after he had been shot, according to The Associated Press.
Tamir’s death came just days before grand juries decided against charging two other police officers in deadly altercations, in Ferguson, Mo., and Staten Island, N.Y. Surveillance footage released from the Tamir shooting shows him walking around a park and pointing a black pellet gun. A police car then flies into the frame and officers immediately get out of the car and shoot Tamir. There’s no audio on the video so it’s unclear how much warning officers gave him, but the family’s suit claims that they did not give him enough of a chance to put his hand up and drop the gun.
An audio recording of the 911 tape, alerting the police to someone walking around the park with a gun, shows that the person who called the police about Tamir told the dispatcher that the gun was “probably a fake.” But the dispatcher didn’t relay that information to the officers who responded to the scene. Jeffrey Follmer, Cleveland Police Patrolmen’s Association president, called the shooting “justified” on MSNBC in December.
Police released new video this month that showed officers tackling Tamir’s 14-year-old sister and handcuffing her. The Rice family’s lawsuit also alleges that officers falsely imprisoned the sister.