In a response to a lawsuit filed by the family of Tamir Rice, the city of Cleveland said the 12-year-old and his family members are suffering because of their own actions.

The response wrote that the 12-year-old’s death and the trauma it has caused the family “were directly and proximately caused by teir own acts, not this Defendant.” The response also says the boy’s death was caused “by the failure…to exercise due to care to avoid injury.” reports the response did not include any explanation of the defenses. Another defense claims Rice died because of “the conduct of individuals or entities other than Defendant.”

The family filed a lawsuit against the city, the officer who shot the boy, another officer and emergency dispatchers in December and amended it in January. The suit claims the officers and city employees violated the family’s rights.

Rice was killed by officers Nov. 22 after police responded to reports of a man with a gun. Video footage captured the officers arriving on the scene and shooting the boy less than two seconds after arriving. The boy was only holding a pellet gun.

The city also said its response to the suit that it is cooperating with the investigation and not withholding information.

The Associated Press contributed to this report

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