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Tamir Rice’s mother has been forced to move into a homeless shelter and is unable to bury her son until the investigation into his death is complete. Rice’s family filed a civil lawsuit against the city of Cleveland, that is being held up over the police investigation into the boy’s death.

Rice, 12, was gunned down by a Cleveland Police officer last November as the pre-teen played with a toy gun. On Monday (May 4), Rice’s family filed a motion asking a judge not delay their lawsuit against the city. “The incident has shattered the life of the Rice family,” reads the motion. “In particular, Samaria Rice, Tamir Rice’s mother, has since been forced to move to a homeless shelter because she could no longer live next door to the killing field of her son.”

The officers involved, Timothy Loehmann, who shot Rice, and his partner Frank Garmback, asked for a stay of litigation pending the end of the police investigation. The request was made to protect the officers from commenting without knowing if they will be charged, reports the Washington Post.

No arrests have been made in Rice’s death, and his family is incurring daily expenses in trying to keep the boy’s remains in case further medical evidence is needed.

“Plaintiffs are incurring expense daily and are unsure if they can finally rest Tamir Rice due to the pending investigation.”  The docs add that a stay would only “exacerbate this expense and emotional distress.”

Photo: Family Handout

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