The mayor of Cleveland, Ohio has apologized to the family of 12-year-old Tamir Rice, after the city blamed Rice for his own death in 2014.

Rice was fatally shot by Cleveland police in November while he was at the park playing with a toy gun. 

Based on court documents it has filed as a response to a lawsuit, the city said Rice was responsible for his own death and that losses and damages were caused by the failure of the boy to exercise due care to avoid injury.

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The city's statement angered the Rice family calling it an insult to people who are still grieving from the loss of a loved one. 

"That has to be the most incredulous comment I have ever heard," said Rice family attorney Walter Madison. "The family is just completely infuriated." 

Hours after the family angrily reacted, Cleveland Mayor Frank Jackson refuted the court filings branding them "insensitive" and vowed to amend it in the coming weeks.

"In an attempt to protect all of our defenses, we used words and we phrased things in such a way that was very insensitive," Jackson said. "Very insensitive to the tragedy in general, the family and the victim in particular."

On November 22, police responded to a 911 call that reported a man armed with a gun.  Rice was outside the Cudell Recreation Center on West Boulevard, toying around with his cellphone and a pellet gun.

The boy was quickly shot seconds after the police arrived at the scene.  The incident was caught on camera.

The Rice family sued the city and police officer Timothy Loehmann in December for the wrongful death of Tamir.

The lawsuit alleged the police used excessive force, inflicted emotion distress on Tamir's sister and mother and failed to provide first aid to the boy. 

Tamir's death came days before the St. Louis grand jury decided not file charges against a white police officer involved in the deadly shooting of black man Michael Brown in Ferguson, Missouri.

A week later, a Staten Island grand jury also declined to charge a New York police officer involved in the death of Eric Garner in July. 

Garner, also a black man, was arrested by police on suspicion he was selling untaxed cigarettes.  Garner was said to have died in an apparent chokehold. 

TagsTamir Rice, cleveland ohio, mayor frank jackson, tamir rice death, black man, police abuse, shooting