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This case has played out in the court of public opinion for months. Twelve-year-old Tamir Rice was shot and killed by Cleveland police in November 2014. Rice had an air-soft gun in his possession at the time, but police thought it was real.

Who was at fault? That depends on who you ask.

In newly filed court papers, attorneys representing the city of Cleveland saying Tamir Rice’s injuries were caused by his “acts” and failure to “exercise due care.”

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