Cleveland Settles Lawsuit Over Tamir Rice Shooting for $6M

[blackrain]

http://abcnews.go.com/US/wireStory/cleveland-settles-lawsuit-tamir-rice-shooting-6m-38649886

The city 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, who lived across the street from the rec center and played there almost every day, 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.

A grand jury declined to bring charges against the officers, and a federal civil rights investigation is pending. The shooting raised questions about how police treat blacks, spurred protests around Cleveland and helped spark the creation of a state police standards board to lay out rules about use of deadly force in law enforcement.

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.

Tamir's estate has been assigned $5.5 million of the settlement amount. A Cuyahoga County probate judge will decide how the amount will be divided. Samaria Rice, Tamir's mother, will receive $250,000. Claims against Tamir's estate account for the remaining $250,000. Tamir's father, Leonard Warner, was dismissed in February as a party to the lawsuit.

Chandra said Samaria Rice would not have a comment and she and the rest of her family remain in mourning over Tamir's death.

"The state criminal justice process cheated them out of true justice," Chandra said.

The officers had responded to a 911 call in which a man drinking a beer and waiting for a bus outside Cudell Recreation Center reported that a man was waving a gun and pointing it at people. The man told the call taker that the person holding the gun was likely a juvenile and the weapon probably wasn't real, but the call taker never passed that information to the dispatcher who gave Loehmann and Garmback the high-priority call.

Tamir was carrying a plastic airsoft gun that shoots nonlethal plastic pellets. He'd borrowed it that morning from a friend who warned him to be careful because the gun looked real. It was missing its telltale orange tip.

The settlement comes two years after the city settled another lawsuit connected to the killings of two unarmed black people in a 137-shot barrage of police gunfire at the end of a 2012 car chase. Cleveland settled a lawsuit brought by the victims' families for a total of $3 million.

Financial Justice Again.. But No Real Justice against those two murderous pigs...

Shit sometimes financial justice will get their attention more. When you start fucking with the money and gotta keep giving all these payouts people gonna get pissed because it's literally your tax dollars paying for the fuck ups of police

 

[2stepz_ahead]

problem is....people blame the people for suing rather than wanting the police to do their job correctly.

they still rather have higher taxes and dead blacks than lower taxes and blacks walking around

 

[5th Letter]

Tax payer money this is really not a victory.

 

[Maximus Rex]

People need to stop taking these insulting ass cashouts. Erin Andrews got $75 mil and the Hulkster's racist ass got $115 mil for having their privacy invaded. After the lawyers get their 33 3/rd, taxes, and all of that old kind of shit, how much is Tamir Rice's mother going to have? I bet it will probably somewhere around $3 mil to $2mil dollars. Besides, the City of Cleveland can afford to take the hit. That $6 million was probably already in budget for law suits. We have to start taking these cases to trial as a matter of principle and hopefully the jury will give you one of those $100 million cashouts, then that will get a muthafuckas attention.

 

[2stepz_ahead]

People need to stop taking these insulting ass cashouts. Erin Andrews got $75 mil and the Hulkster's racist ass got $115 mil for having their privacy invaded. After the lawyers get their 33 3/rd, taxes, and all of that old kind of shit, how much is Tamir Rice's mother going to have? I bet it will probably somewhere around $3 mil to $2mil dollars. Besides, the City of Cleveland can afford to take the hit. That $6 million was probably already in budget for law suits. We have to start taking these cases to trial as a matter of principle and hopefully the jury will give you one of those $100 million cashouts. Then that will get a muthafuckas attention.

i never looked at it this way....

good point...very good point.

i think they are scared into taking a cashout....

with high powered tactics about how dragging it out would put them in a financial bind and they still might walk away with nothing along with reliving shit and testimonies......i am almost sure they were told its easier to just take the money as they dangled a check in front of them and still continued to tug at their heart strings about letting Tamir rest in peace finally.

 

[rebootx1]

I would have told them go fuck themselves with that 6 million u know how many people r still alive and got way more u can't put a price on life but that's just an insult

 

[5th Letter]

People need to stop taking these insulting ass cashouts. Erin Andrews got $75 mil and the Hulkster's racist ass got $115 mil for having their privacy invaded. After the lawyers get their 33 3/rd, taxes, and all of that old kind of shit, how much is Tamir Rice's mother going to have? I bet it will probably somewhere around $3 mil to $2mil dollars. Besides, the City of Cleveland can afford to take the hit. That $6 million was probably already in budget for law suits. We have to start taking these cases to trial as a matter of principle and hopefully the jury will give you one of those $100 million cashouts. Then that will get a muthafuckas attention.

i never looked at it this way....

good point...very good point.

i think they are scared into taking a cashout....

with high powered tactics about how dragging it out would put them in a financial bind and they still might walk away with nothing along with reliving shit and testimonies......i am almost sure they were told its easier to just take the money as they dangled a check in front of them and still continued to tug at their heart strings about letting Tamir rest in peace finally.

Hulk Hogan and Erin Andrews can afford to take a case to court. Tamir Rice's mother can't. In a perfect world I bet she'd rather get justice for her son.

 

[stringer bell]

http://www.cleveland.com/court-justice/index.ssf/2016/04/attorney_for_officers_in_tamir.html

Attorney for officers in Tamir Rice shooting issues statement about $6 million settlement

CLEVELAND, Ohio — An attorney representing Cleveland officers Timothy Loehmann and Frank Garmback, who were involved in the shooting death of Tamir Rice, said in a statement Monday that both maintain that their actions were reasonable but that they "saw the value" in settling the case for $6 million.

Attorney Ernest Wilkerson Jr., an attorney paid by the city to represent the officers, said in an email that both officers "have never and will not ever waiver" in what they saw on Nov. 22, 2014, the day the 12-year-old boy was shot outside Cudell Recreation Center on the city's West Side.

Both officers, in statements given to a Cuyahoga County grand jury in November, said they saw Tamir pull what they thought was a real gun out of his waistband. They also said they thought Tamir, who was 5 feet 7 inches tall and weighed 195 pounds, was an adult and that the approach Garmback took when driving over the curb and close to Tamir was the right one.

"The officers value the lives of all persons, including their own, and certainly wish that fate had not brought them into the situation that forced them to act in the manner in which they did; which they maintain was 'legally reasonable' under all of the circumstances," the statement says. "That having been said, the officers recognize the value of early legal resolution to allow some healing to begin."

The city's settlement with the Rice family was announced via a court filing on Monday.

Tamir Rice's estate will receive $5.5 million, Samaria Rice, the boy's mother, and his sister Tajai Rice will each receive $250,000. Neither the city, the officers nor the dispatchers involved will admit to any wrongdoing. The city will pay $3 million this year and $3 million in 2017.

The settlement must be approved by a Cuyahoga County Probate Court judge before it is final.

A grand jury in December declined to issue charges against Loehmann and Garmback. Both officers were named in the lawsuit, which was filed two weeks after the boy's death. An internal investigation against both officers is ongoing.

The city's payout to Tamir Rice's family is likely the largest settlement the city has ever reached in a police-shooting case, and is among the largest figures levied against the city for accusations of officer misconduct.

http://www.cleveland.com/court-justice/index.ssf/2016/04/tamir_rice_settlement_should_h.html

Tamir Rice settlement should help educate kids on guns, Cleveland police union president says

CLEVELAND, Ohio — The head of the Cleveland rank-and-file police union says the family of 12-year-old Tamir Rice should use money from a $6 million settlement to educate children about the use of look-alike firearms.

Steve Loomis, the president of the Cleveland Police Patrolman's Association association, was criticized on a national scale for statements he made to the media in the weeks and months after two officers in his union were involved in Tamir's death.

The usually talkative Loomis issued a news release that said "we can only hope the Rice family and their attorneys will use a portion of this settlement to help educate the youth of Cleveland in the dangers associated with the mishandling of both real and facsimile firearms.

"Something positive must come from this tragic loss. That would be educating youth of the dangers of possessing a real or replica firearm," the release continues.

Smh...

 

[2stepz_ahead]

damn...they just not here caring

 

The user and all related content has been deleted.

 

[stringer bell]

https://twitter.com/tariqnasheed/status/724642214882750465

 

[Trillfate]

Question: why are cities willing to cashout millions on million in settlements but go above and beyond to protect murderous cops and keep them out of jail/court?

That tells me they value the Foot Soilders of white supremacy more than money... they feel money is more expendable than cops who are willing and able to oppress. Kinda mind blowing

 

[I_fap_twohanded]

I bet his mommy is glad he's dead now. She don't have to sell shirts anymore.

 

[stringer bell]

 

[Ghostdenithegawd]

6 miles smh lil dude could of grown up and made triple that but we will never know because you killed him for being a black kid

 

[texas409]

People need to stop taking these insulting ass cashouts. Erin Andrews got $75 mil and the Hulkster's racist ass got $115 mil for having their privacy invaded. After the lawyers get their 33 3/rd, taxes, and all of that old kind of shit, how much is Tamir Rice's mother going to have? I bet it will probably somewhere around $3 mil to $2mil dollars. Besides, the City of Cleveland can afford to take the hit. That $6 million was probably already in budget for law suits. We have to start taking these cases to trial as a matter of principle and hopefully the jury will give you one of those $100 million cashouts. Then that will get a muthafuckas attention.

i never looked at it this way....

good point...very good point.

i think they are scared into taking a cashout....

with high powered tactics about how dragging it out would put them in a financial bind and they still might walk away with nothing along with reliving shit and testimonies......i am almost sure they were told its easier to just take the money as they dangled a check in front of them and still continued to tug at their heart strings about letting Tamir rest in peace finally.

I agree with this....just wondering so if the family doesnt have the money to go into a drawn out trial battle what other choice do they have?

 

[stringer bell]

http://www.dispatch.com/content/sto...26-police-union-on-tamir-rice-settlement.html

Police union: Tamir Rice settlement money should teach kids dangers of handling firearms

CLEVELAND (AP) — The head of a Cleveland police union said the family of a 12-year-old black boy shot dead by a white police officer while playing with a pellet gun should use money from a $6 million settlement to educate children about the dangers of handling real and replica firearms, while an attorney representing the boy’s family blasted the comments.

“Something positive must come from this tragic loss,” said Steve Loomis, president of the Cleveland Police Patrolmen’s Association. “That would be educating youth of the dangers of possessing a real or replica firearm,” he said.

The statement came hours after the city announced a settlement Monday in a lawsuit over the death of Tamir Rice.

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.

“We have maintained from the onset this has been an absolute tragedy for the Rice family as well as our involved officers and their families,” Loomis said.

Family attorney Subodh Chandra sharply criticized Loomis’ response.

“Anyone who has ever wondered whether ‘tone deafness’ is a real thing need look no further than the police union leadership,” Chandra said in a statement.

He said Loomis’ comments managed to “blame the victim, equate the loss of life of a 12-year-old child with officers facing public scrutiny for killing that child and demand money from the victim’s family.”

The wrongful death suit filed by Rice’s family and estate against the city and officers and dispatchers who were involved alleged police acted recklessly when they confronted the boy outside a recreation center 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.

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.

Tamir’s estate has been assigned $5.5 million of the settlement. A Cuyahoga County probate judge will decide how the amount will be divided. Samaria Rice, Tamir’s mother, will receive $250,000. Claims against Tamir’s estate account for the remaining $250,000. Tamir’s father, Leonard Warner, was dismissed in February as a party to the lawsuit.

Chandra said the Rice family remains in mourning over Tamir’s death.

 

[Trillfate]

Since the Cleveland Police Department has shown No Remorse throughout this entire ordeal Id use a good 30 stacks to put on Officer Loehman's head...

 

[stringer bell]

http://www.cleveland.com/court-justice/index.ssf/2016/04/tamir_rice_settlement_remarks_1.html

Tamir Rice settlement remarks by police union president may just be 'playing to constituency,' NAACP attorney says

CLEVELAND, Ohio — The attorney for the Cleveland chapter of the NAACP said Tuesday that he thinks a recent statement from the president of a union representing Cleveland police is "playing to the constituency he represents."

James Hardiman reflected on the comments that Cleveland Police Patrolman's Association President Steve Loomis made following the announcement of a $6 million settlement in the Tamir Rice case.

Loomis sent a news release after the settlement was announced that said "we can only hope the Rice family and their attorneys will use a portion of this settlement to help educate the youth of Cleveland in the dangers associated with the mishandling of both real and facsimile firearms."

Loomis' news release, like other statements before it, was widely controversial.

Hardiman, also a local civil rights and criminal defense attorney, said he was disappointed. He said he finds it hard to comprehend that the men and women who patrol the city's streets are properly represented by Loomis and stand behind what he sees as outlandish and offensive remarks.

"If that's true, it's unfortunate and a sorry indictment of the police who are sworn to protect and serve," Hardiman said.

Tamir, 12, was shot by a police officer outside Cudell Recreation Center in November 2014 after a man called 911 to reporter that a "guy" was pointing a gun at people. The officer, Timothy Loehmann, said he saw Tamir reaching for a gun in his waistband. It was later revealed to be an airsoft pellet gun with the orange tip removed.

The city will pay the family $3 million this year and $3 million in 2017 to settle the lawsuit.

Hardiman said the statements yield "another sad day" in rebuilding relations between Cleveland police and the people the department are sworn to protect. He referenced a settlement between the city and the U.S. Justice Department to address police use of force and community relations.

Loomis sits on the city's Community Police Commission, a board mandated by the settlement that made up of representatives of residents and law enforcement.

"They're concerned about their safety and well-being, and as a result they're making attempts to reach out to the community ..." Hardiman said. "Then we have a statement like this, and it puts not only the community in jeopardy but police officers."

He also said the statement "probably speaks to his intellect.

"Either he's extremely conniving or he just doesn't get it," he continued. "I prefer the latter as opposed to the former."

Loomis has used Tamir's shooting to show that police often cannot tell the difference between real and replica firearms. He has stood by both officers involved in Tamir's shooting, saying their actions were justified.

 

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