It has been claimed that a 12-year-old boy who was shot dead by police in Cleveland was responsible for his own demise because he did not  'exercise due care to avoid injury."

Tamir Rice was shot in a playground on November 22nd last year after brandishing a toy gun in a move which saw police officers called to the scene.

Despite having been warned that the Tamir was a child and there existed the possibility that the gun was a toy, Tamir was shot dead by police and his older sister was tackled and handcuffed during the incident.

In response to Tamir's tragic death, his devastated family filed a lawsuit against the police officer and the city of Cleveland, but have since been told that the child's death was due to his own failings.

Commenting on the incident which led to Tamir's death, the city stated: "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."

Water Madison, the Rice's family attorney, is adamant that their lawsuit has worth and asserted: "I do believe that a 12-year-old child died unnecessarily at the hands of Cleveland police officers and I do believe that certain officers shouldn’t have been entitled to wear the uniform."

Our hearts go out to the Rice family.

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