Family of child slain by Cleveland cops files wrongful death suit

The family of a 12-year-old who had a pellet gun when he was shot by a Cleveland police officer filed a wrongful death lawsuit Friday, saying two officers acted recklessly when they confronted the boy and fired within seconds.

The federal lawsuit filed against the city and the two officers also said the officers waited four minutes before anyone provided medical help to Tamir Rice after he was shot outside a city recreation center.

Police have said rookie officer Tim Loehmann believed the boy had a real firearm. The officer's father has said his son had no other choice. A grand jury will consider whether charges are merited.

Surveillance video released by police shows Tamir being shot within 2 seconds of a patrol car stopping within a few feet of him at a park on Nov. 22. It shows the boy reaching in his waistband for what police later discovered was an airsoft gun, which shoots nonlethal plastic projectiles. He died the next day.

Police were responding to a 911 call that said a young person was pointing a "probably fake" gun at people. The officers had a chance "to safely initiate their encounter from a safe distance but instead stopped their cruiser immediately next to young Tamir," said the lawsuit filed in U.S. District Court

"Young boys playing with replica guns are commonplace in America, and police are expected to approach them safely if an investigation is warranted, not shoot them dead within two seconds," the suit said. It seeks unspecified monetary damages.

Tamir was alone and not pointing the pellet gun at anyone when the officers arrived, the lawsuit said.

The officer who shot Rice joined Cleveland police in March after spending six months in 2012 with the police department in Independence, a suburb outside of Cleveland.

The lawsuit noted that personnel files released earlier this week showed that police supervisors in Independence decided Loehmann lacked the maturity needed to work in their department. A letter in his file said there was a pattern of a lack of discretion and not following instructions.

"In law enforcement there are times when instructions need be followed to the letter, and I am under the impression Ptl. Loehmann, under certain circumstances, will not react in the way instructed," the letter said.

Loehmann resigned from the Independence Police Department in December 2012 after meeting with his supervisors about their concerns.

A spokesman for the city declined to comment on the lawsuit.

Wire services