San Francisco Chronicle

Cleveland to pay $6 million in suit over boy’s death

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CLEVELAND — The city of Cleveland on Monday reached a $6 million settlement in a lawsuit over the death of Tamir Rice, a 12-year-old black boy shot by a white police officer while playing with a pellet gun outside a recreation center.

An order filed in U.S. District Court in Cleveland said the city will pay out $3 million this year and $3 million the next. There was no admission of wrongdoing in the settlement.

Family attorney Subodh Chandra called the settlement historic but added: “The resolution is nothing to celebrate because a 12-year-old child needlessly lost his life.”

The wrongful death suit filed by his family and estate against the city and officers and dispatcher­s who were involved alleged police acted recklessly when they confronted the boy on Nov. 22, 2014.

Video of the encounter shows a cruiser skidding to a stop and rookie patrolman Timothy Loehmann firing within two seconds of opening the car door. Tamir wasn’t given first aid until about four minutes later, when an FBI agent trained as a paramedic arrived. The boy died the next day.

Tamir was carrying a plastic airsoft gun that shoots nonlethal plastic pellets. It was missing its telltale orange tip.

Tamir’s death has fueled the Black Lives Matter movement that firmly took root in 2014 after Michael Brown in Ferguson, Mo., and Eric Garner in New York City died at the hands of police. Grand juries declined to indict officers in those two deaths and in the shooting of Tamir.

A trial is pending for a federal civil rights lawsuit filed by Brown’s family. Garner’s family received a $5.9 million in a settlement with New York City last year.

In the Rice family lawsuit, Samaria Rice had alleged that police failed to immediatel­y provide first aid for her son and caused intentiona­l infliction of emotional distress in how they treated her and her daughter after the shooting.

The officers had asked a judge to dismiss the lawsuit. Loehmann’s attorney has said he bears a heavy burden and must live with what happened.

 ?? Tony Dejak / Associated Press 2015 ?? Samaria Rice is the mother of Tamir Rice, a 12-year-old who was fatally shot by an officer in 2014. The wrongful death lawsuit alleged police acted recklessly when they confronted the boy.
Tony Dejak / Associated Press 2015 Samaria Rice is the mother of Tamir Rice, a 12-year-old who was fatally shot by an officer in 2014. The wrongful death lawsuit alleged police acted recklessly when they confronted the boy.

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