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Judge to Rule on Whether to Delay Tamir Rice's Family Lawsuit Against Cleveland

Tamir Rice's parents, Samaria Rice and Leonard Warner, center, address media in December, flanked by their attorneys. (Nick Castele / ideastream)
Tamir Rice's parents, Samaria Rice and Leonard Warner, center, address media in December, flanked by their attorneys.

Update: Judge Solomon Oliver on Monday afternoon ordered discovery in the case delayed for 60 days with respect to the two officers. Oliver wrote that discovery connected to the city of Cleveland could continue.

A federal judge hears arguments today on whether a lawsuit filed by the family of Tamir Rice should be put on hold until the end of the investigation into his fatal shooting by Cleveland police. ideastream's Nick Castele reports the city and the officers have asked for a delay.

Tamir Rice had been holding an air gun at a city park before police drove up next to him in response to a 9-1-1 call. Within seconds, Officer Timothy Loehmann stepped out of the car and fatally shot him. The case is under investigation by the Cuyahoga County sheriff's office.

And it's also the subject of a civil suit. Attorneys for Tamir Rice's family sued the city and the officers, saying they used excessive force and violated the 12-year-old's civil rights.

Cleveland's law director asked to delay the suit, saying the civil case could interfere with the sheriff's criminal investigation. A Rice family attorney said delay hinders the plaintiff's pursuit of justice in this case. Now a judge will decide. 

As for the criminal investigation, about three weeks ago, the county sheriff said most of the work was finished. The case would head next to the county prosecutor, who has said he'll ask a grand jury to determine whether officers should face charges.
 

Nick Castele was a senior reporter covering politics and government for Ideastream Public Media. He worked as a reporter for Ideastream from 2012-2022.