According to court documents obtained by BuzzFeed’s Stephanie McNeal, the city of Cleveland, Ohio is claiming that 12-year-old Tamir Rice’s death — as well as the pain and suffering caused to his family by it — was his own fault.

Tamir Rice was shot and killed while playing with a replica gun in a park last November. Rice had been playing with the replica in the park when rookie Officer Timothy Loehmann and his partner pulled up in a police cruiser and, within two seconds, shot him dead. The incident was captured on video, but neither Officer Loehmann nor his partner knew that when they gave investigators their initial statements, in which they claimed that Rice was with a group of young boys and was waving the gun around with the intention of shooting someone.