- Associated Press - Wednesday, February 3, 2016

CLEVELAND (AP) - A federal judge has ruled that Tamir Rice’s father should be dismissed from a lawsuit filed against the Cleveland police officer who killed the boy.

Twelve-year-old Tamir was fatally shot in November 2014 while playing with a pellet gun outside a city recreation center. A grand jury declined to indict patrolman Timothy Loehmann and his training officer, Frank Garmback, in late December. The officers asked U.S. District Judge Solomon Oliver Jr. to dismiss the lawsuit against them.

Oliver on Tuesday dismissed a claim made by Tamir’s father, Leonard Warner, and said he could file a new complaint for damages. Oliver dismissed one lawsuit claim made by Samaria Rice, Tamir’s mother, but left one intact.

The judge ruled that claims made by Tamir’s estate remain viable.

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