The father of a 12-year-old Cleveland boy who was shot to death by police officers has been dismissed as a party to a lawsuit filed against the city.

Leonard Warner was let go after Chief U.S. District Judge Solomon Oliver Jr. wrote that established case law from the 6th U.S. Circuit Court of Appeals does not allow parents to bring forth civil rights claims for the death(s) of their child(ren).

Instead, claims must be brought by the administrator of the child’s estate.

Warner’s son, Tamir Rice, was shot to death on Nov. 23, 2014 while playing near his home with a toy gun. Officer Timothy Loehmann shot the child at Cudell Recreation Center on Cleveland’s West Side. Rice died the next day.