In its lawsuit, the family alleged Cleveland and police exhibited negligence and excessive force the day an officer fatally shot Tamir Rice, who was carrying an air gun at a city park.
City lawyers responded on Friday, including in their list of defenses a statement that the family's losses were "directly and proximately caused by their own acts." The wording was picked up by national news outlets and drew criticism from a family attorney on CNN.
Mayor Frank Jackson apologized in a news conference, saying the wording was meant to preserve the city's possible defenses -- but was very insensitive.
"Right now my sole concern is the fact that we did something that...is hurtful to the family," Jackson said, "that is disrespectful to them and the victim as well as to the citizens of the city of Cleveland."
Jackson says the city will refile its response with updated language. The family plans a response Tuesday in a morning press conference.
Meanwhile, separate from this civil case, the Cuyahoga County Sheriff's office continues its investigation into the November shooting. When finished, the sheriff will hand that case over to the prosecutor to determine if criminal charges are warranted.
