( CNN ) Pleading innocence , immunity and ignorance , the city of Cleveland responded to a wrongful death lawsuit filed by Tamir Rice 's family by saying the 12-year-old 's death was his own fault . In November , Cleveland Officer Timothy Loehmann fired the fatal shots at Tamir within two seconds of arriving outside a recreation center where the sixth-grader was playing with a pellet gun . In the 41-page response to the family 's lawsuit filed Friday , the city says that Tamir 's injuries `` were directly and proximately caused by the failure of Plaintiffs ' decedent to exercise due care to avoid injury . '' The response further says that `` Plaintiffs ' decedent 's injuries , losses , and damages complained of , were directly and proximately caused by the acts of Plaintiffs ' decedent , not this Defendant . '' The city also claims it is entitled to all `` full and qualified '' immunities under state and federal law . As to the scores of other allegations in the lawsuit , the city responds by saying that they are untrue , that the independent investigation by Cuyahoga County is still going on , or that the city `` is without knowledge or information sufficient to form a belief as to the truth . '' Cuyahoga County 's medical examiner has ruled the death a homicide but has issued no determination as to whether the events that caused the boy 's death constitute a crime . Cleveland authorities have repeatedly said that Loehmann mistook Tamir 's fake gun for a real one . A witness called 911 on November 22 to say there was `` a guy with a pistol '' and that although the weapon was `` probably '' fake , Tamir was scaring people . It does n't appear the dispatcher relayed the information to Loehmann and Officer Frank Garmback . Video of the incident shows the two pull up on the snowy grass near a gazebo where Tamir is standing . Within two seconds of exiting the police car , Loehmann shoots the 12-year-old . The boy died the next day of injuries to `` a major vessel , intestines and pelvis . '' In the video , neither Loehmann nor Garmback appears to provide medical assistance to the boy , and Police Chief Calvin Williams has said that Tamir did not receive first aid until an FBI agent arrived on the scene four minutes later . An attorney for the Rice family says the city 's response to the lawsuit is indicative of well-documented problems within the Cleveland Police Department . `` The Rice family maintains that Tamir was shot and killed unnecessarily by Cleveland police officers , '' Rice family co-counsel Walter Madison said in a statement . `` Their tactics that preceded his death and the subsequent victim blaming are examples of the institutionalized behavior that has beset the Cleveland Police Department . The Rice family 's lawsuit seeks to eliminate certain institutional behaviors and practices that have no place in our diverse community . '' Rice family co-counsel Benjamin Crump said the family was `` just in disbelief '' after reading the response . Crump went on to attack the police department 's assertion , put forth in December , that Loehmann gave Tamir three verbal commands to put his hands up . `` It is just incredible that the police officer , based on what we see on the video surveillance recording , gave Tamir three verbal commands to put his hands up and drop the weapon , based on what we see in the video . It was less than 1.7 seconds . The car had n't even stopped . It 's unbelievable . '' CNN could not immediately reach the Cuyahoga County Sheriff 's Department for comment . Cleveland Police Department spokesperson Ali Pillow declined comment and referred questions to a city spokesman , who could n't be immediately reached . In December , the U.S. Justice Department released the results of a two-year investigation that found Cleveland officers use guns , Tasers , pepper spray and their fists excessively , unnecessarily or in retaliation . The police force has used unnecessary and unreasonable force at a `` significant rate , '' employing `` dangerous tactics '' that put the community at risk , the investigation stated . It was also reported in December that Loehmann 's previous employer , the Independence Police Department in a Cleveland suburb , had numerous complaints about the officer , including that he was `` distracted and weepy '' and `` emotionally immature '' and had demonstrated `` a pattern of lack of maturity , indiscretion and not following instructions . '' He also showed `` dangerous loss of composure during live range training '' and an `` inability to manage personal stress , '' the department said . In December , Crump called for Loehmann and Garmback to be charged and decried what he said was a police tendency to let grand juries determine whether to charge officers involved in shootings . In Tamir 's case , he said , `` several things were done inappropriately , '' which is probable cause to charge the officers . `` There is nothing written anywhere in the law that says police officers are to be treated differently from any other citizen , '' Crump said . `` We can not have children playing cops and robbers on a playground and police officers coming and claiming their lives . '' Loehmann and Garmback have been placed on paid leave pending the outcome of the investigation . CNN 's Kristina Sgueglia , Catherine E. Shoichet and Vivian Kuo contributed to this report .
Tamir : Cleveland Rice died because he failed `` to exercise due care to avoid injury '' A police officer killed Cleveland , 12 , last year as the boy played with a pellet gun . Officers mistook fake gun for a real one , Tamir Police Department has said .