“Cleveland officials stated they could not fully respond to most of the counts because of an ongoing investigation into the incident by the Cuyahoga County Sheriff’s Office.
However, the city claims in its defense that Tamir’s death was caused by his own failure to properly exercise caution.
“Plaintiffs’ decedent’s injuries, losses, and damages complained of, were directly and proximately caused by the failure of Plaintiffs’ decedent to exercise due care to avoid injury,” the city’s response reads.
It also said that the plaintiffs in the case suffered because of things they did.
“Plaintiffs’ injuries, losses, and damages complained of, were directly and proximately caused by their own acts, not this Defendant,” the response reads.
Tamir was shot dead by Loehmann in a park near his home on Nov. 22. The officers had responded to a report of a person with a gun, though the caller said that the individual was likely a child and the gun likely a toy.”
— City Of Cleveland Claims Tamir Rice’s Own Actions Caused His Death - BuzzFeed News