Tamir Rice Family Files Amended Case Against City Of Cleveland, Police Officers
The family of 12-year-old Tamir Rice, who was shot by a police officer and died last November, filed an amended lawsuit on Friday against the City of Cleveland, Ohio, police officers Timothy Loehmann and Frank Garmback and 100 unknown 911 operators, police officers and city employees.
The 71-page lawsuit named Tamir's mother Samaria, father Leonard Warner, and sister T.R. as plaintiffs in the case.
The case accuses the defendants of negligence, intentional tort battery, intentional and negligent affliction of emotional stress, false imprisonment, excessive use of force, deliberate indifference to a serious medical need and substantive due process violation.
The case contains 27 claims of various offenses with the Rice family seeking damages amounting to at least $75,000 for each count.
According to the lawsuit, on Nov. 22 last year, Rice was playing at the Cudelle Recreation Park with a toy gun when a person in the park called 911 to report that a person, "probably a juvenile," was pointing a gun that was "probably fake."
Loehmann and Garmback responded to the call and drove to the park and "almost directly to the table where" Tamir was seated.
Loehmann opened the car door and began shooting Tamir, hitting him in the stomach "within 1-2 seconds of the vehicle rolling to a stop."
A bleeding Tamir fell to the ground. The lawsuit said Garmback and Loehmann did not do anything to help or provide first aid to him.
T.R., who came from the restroom, saw Tamir bleeding and screamed "my baby brother, they killed my baby brother."
When she tried to run to Tamir, the two officers tackled her to the ground and handcuffed her, and put her in the police car.
After four minutes, an FBI agent who was in the area arrived and provided first aid to the child.
Rice's mother arrived at the scene after she was informed that her son was shot. Samaria demanded the release of T.R. and she was given a choice by the police officers, either to go to the hospital with Tamir or stay with her handcuffed daughter. She decided to go to the hospital.
The following day, Tamir died from his gunshot wound in the stomach at Metro Health Medical Center in Cleveland.
The lawsuit accused the Cleveland Police Department of having a policy of using excessive force against citizens.
It likewise said the city failed to conduct an employment background check on Loehmann, "which would have revealed his unsuitability for employment as law enforcement officer."
A jury trial is requested in the lawsuit.
