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Friday, January 2, 2015

UPDATE: Cleveland Needs More Time to Respond to Wrongful Death Lawsuit Filed by Tamir Rice Estate

Posted By on Fri, Jan 2, 2015 at 9:01 AM

UPDATE: The city of Cleveland filed a motion this week seeking an extension in its deadline to respond to the lawsuit, asking a federal judge to push the date back until March 2. The city's filing claims that the investigation is still ongoing. 

Relatedly, the police department's Use of Deadly Force Investigation Team remains in the midst of its 90-day investigation into the shooting.

Originally published Dec. 5

Today, a civil rights complaint naming officers Timothy Loehmann and Frank Garmback and the city of Cleveland was filed in federal court. The lawsuit, filed officially by the estate of Tamir Rice, hinges on three causes of action: excessive force, assault and battery and wrongful death. See the full complaint below.

Section III, the statement of facts, lists in chronological order pretty much every major point of narrative since Nov. 22. Included in the complaint are references to Timothy Loehmann's professional background, first reported by NEOMG's Adam Ferrise earlier this week, and the U.S. Department of Justice findings on the Cleveland Police Department, announced just yesterday to the public.

Regarding the DOJ report, the suit asserts: "These policies, practices and customs have been perpetuated by the line officers including Defendants Loehmann and Garmback, policy makers and those responsible for hiring, training and supervision of police officers within the City of Cleveland who have all acted negligently, recklessly, intentionally, knowingly and with deliberate indifference to the serious safety needs of the citizens of Cleveland, including Tamir Rice."

The suit goes on to "request a jury trial on all claims triable to a jury."

#TamirRice: Wrongful Death Lawsuit Againt Timothy Loehmann, Frank Garmback, City of Cleveland by sandyatscene

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