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Despite partial stay, judge rules that officers involved in Tamir Rice's death must respond to suit

Posted: 6:31 PM, Jun 01, 2015
Updated: 2017-05-30 14:34:56Z

QUICK FACTS:

  • A judge granted a partial stay in the lawsuit filed against the City of Cleveland and the officers involved 12-year-old Tamir Rice's death. 
  • The judge ruled officers Timothy Loehmann and Frank Garmback do not have to engage in any discovery for the next 60 days.
  • The judge ruled that the City of Cleveland must move forward with the discovery process.

FULL STORY: 

A federal judge ruled that the Cleveland Police officers involved in Tamir Rice's death must respond to the civil lawsuit filed against them by the Rice family.

"The family is one step closer to the finale," said Walter Madison, the Rice family attorney. "They have a lot of emotional capital invested, and they can't completely rest or begin to heal until these legal processes begin, and today was a good step for that."

Cleveland Police officers Timothy Loehmann and Frank Garmback requested that the civil suit be delayed until the criminal investigation into the fatal shooting of the 12-year-old boy is completed.

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But the judge only granted a partial stay on the suit.

He ruled that the officers do not have to engage in any discovery for the next 60 days. That's so their 5th Amendment rights are not compromised during the criminal proceedings.

The lawsuit seeks damages for excessive force, assault and battery and wrongful death of Tamir.

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It also alleges that the officers did not render immediate medical attention to the boy in the moments after the shooting.

The City of Cleveland is also named as defendants in the lawsuit. The judge ruled that the city must move forward with the discovery process.

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