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Lawyer: Filing Blaming Boy for His Own Death Was Insulting 

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Samaria Rice, center, the mother of Tamir Rice, a 12-year-old boy fatally shot by a Cleveland police officer, watches the video of Tamir's shooting during a news-conference Tuesday, March 3, 2015, in Cleveland. Attorney Benjamin Crump, left, and attorneys Walter Madison, right, watch.  Rice and her attorneys talked about the city's response to the lawsuit, a day after Cleveland Mayor Frank Jackson apologized for wording in a court document in which the city said the boy died as a result of his own actions. (AP Photo/Tony Dejak)

Samaria Rice, center, the mother of Tamir Rice, a 12-year-old boy fatally shot by a Cleveland police officer, watches the video of Tamir’s shooting during a news-conference Tuesday, March 3, 2015, in Cleveland. Attorney Benjamin Crump, left, and attorneys Walter Madison, right, watch. Rice and her attorneys talked about the city’s response to the lawsuit, a day after Cleveland Mayor Frank Jackson apologized for wording in a court document in which the city said the boy died as a result of his own actions. (AP Photo/Tony Dejak)

 

CLEVELAND (AP) — The mother of a 12-year-old who had a pellet gun when he was fatally shot by Cleveland police said Tuesday that the city was disrespectful of her son by suggesting he died as a result of his own actions.

Tamir Rice’s mother addressed the city’s response to her family’s lawsuit a day after Mayor Frank Jackson apologized for wording in a court document in which the city’s lawyers said the boy died as a result of his own actions.

Samaria Rice said she also wants an apology for her son’s death. “I have not yet received an apology from the police department or the city of Cleveland in regards to the killing of my son. And it hurts,” she said.

Benjamin Crump, one of the family’s attorneys, said the city law department’s wording was shocking and disrespectful. The mayor apologized Monday for the wording in the document, saying it was poorly worded and offensive.

The court documents filed late last week by the city said Tamir’s injuries and the subsequent complaints for damages stemmed from his actions and failure “to exercise due care to avoid injury.” It similarly said the “injuries, losses and damages” cited for his relatives in the complaint “were directly and proximately caused by their own acts,” not by the city.

The city plans to alter the wording in the documents, the mayor said. “We are sincerely apologetic for our misuse and mischaracterization of our answer to that complaint,” he said.

Another Rice family attorney, Walter Madison, said the city’s response suggests that children should act like and handle all situations like adults.

Tamir was shot in the abdomen by an officer responding to a call about someone with a firearm near a recreation center on Nov. 22. The officer fired within two seconds of the police car stopping nearby, and the confrontation was captured on surveillance video. Tamir had been carrying what turned out to be an airsoft-type gun that shoots non-lethal plastic pellets.

The federal lawsuit alleges excessive force, negligence, infliction of emotional distress on his sister and mother, violation of due process for the parents and failure by the responding officers to immediately provide first aid to the boy, who died the next day.

The Cuyahoga County sheriff’s department is investigating the shooting. A prosecutor has promised that a grand jury will consider whether the case merits criminal charges.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Oakland Post: Week of July 1 – 7, 2026

The printed Weekly Edition of the Oakland Post: Week of July 1 – 7, 2026

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NPRC Joins National Grand Jury Proceedings Seeking Accountability, Constitutional Restoration

Organizers state that testimony will explore historical and political developments that they believe have contributed to the expansion of corporate influence over public institutions and governmental decision-making. Participants are expected to discuss concerns regarding constitutional governance, individual liberties, property rights, and the protection of vulnerable populations, including seniors and persons with disabilities.

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Photo by Billie Powers.
Photo by Billie Powers.

Special to The Post

The National Probate Reform Coalition (NPRC) has joined Toll and Roll and a growing coalition of advocacy organizations, victims, whistleblowers, and citizen groups in support of a nationally broadcast People’s Grand Jury proceeding scheduled for July 1 and July 7.

Organizers describe the event as a public forum designed to examine allegations of government abuse, judicial misconduct, legislative failures, and the erosion of constitutional protections affecting millions of Americans.

The proceedings will feature testimony from victims, families, advocates, and organizations from across the country who contend they have experienced harm through government actions, institutional neglect, and failures of oversight.

According to organizers, the People’s Grand Jury will focus on concerns involving probate courts, guardianships, conservatorships, child welfare systems, property rights, civil liberties, and what participants view as a growing disconnect between government institutions and the constitutional rights of the people they are sworn to serve.

NPRC is participating because many of the issues being examined mirror the concerns raised by advocates, victims, and families who have participated in its monthly town halls. For years, families have reported cases involving exploitation of elders, questionable guardianships, estate depletion, denial of due process, and a lack of meaningful oversight within probate court systems.

“This proceeding gives victims and advocates an opportunity to place their experiences on the public record,” said Tanya Dennis, lead facilitator of NPRC. “For too long, families have struggled to have their voices heard regarding elder abuse, probate exploitation, and government inaction. This forum allows those stories to be shared before a national audience.”

Organizers state that testimony will explore historical and political developments that they believe have contributed to the expansion of corporate influence over public institutions and governmental decision-making. Participants are expected to discuss concerns regarding constitutional governance, individual liberties, property rights, and the protection of vulnerable populations, including seniors and persons with disabilities.

In keeping with principles of transparency and fairness, invitations have been extended to legislators, members of the judiciary, law enforcement representatives, and other public officials who may wish to respond to concerns raised during the proceedings or defend actions taken by their respective institutions.

One of the primary outcomes sought by organizers is public consideration and support for the People’s Remedy and Restoration Act, a proposed legislative framework that advocates believe would strengthen oversight, increase accountability, provide remedies for victims of governmental abuse, and restore constitutional protections.

The proceedings are expected to be broadcast nationally, providing citizens throughout the United States an opportunity to observe testimony, review evidence presented, and participate in an ongoing conversation regarding government accountability and the protection of individual rights.

Advocates hope the hearings will encourage meaningful dialogue, legislative reform, and renewed public engagement in the democratic process.

Individuals, organizations, public officials, and members of the media interested in attending or obtaining access information may contact the organizers at tollandroll2025@gmail.com.

As Americans continue to debate the future of constitutional governance, judicial accountability, and the protection of vulnerable citizens, the July proceedings are expected to serve as a significant forum for public testimony and civic engagement. For more information, go to https://tollandroll.com

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50 Years Later, ‘Wake Up Everybody!’ Still Resonates During Black Music

The words of the song, “Wake Up Everybody,” debuted by Harold Melvin & The Blue Notes in 1975, still resonate today as those words are just as relevant more than a half century later.

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iStockphoto.
iStockphoto.

By Hazel Trice Edney, Special to The Post

Hazel Trice Edney

Hazel Trice Edney

“Wake up, everybody, No more sleepin’ in bed

No more backward thinkin’. Time for thinkin’ ahead

The world has changed so very much from what it used to be.

There is so much hatred, war, and poverty. 

The world won’t get no better If we just let it be. 

Naw, naw, naw, naw, naw, naw, naw.

The world won’t get no betterWe gotta change it, yeah– just you and me.”

The words of the song, “Wake Up Everybody,” debuted by Harold Melvin & The Blue Notes in 1975, still resonate today as those words are just as relevant more than a half century later.

In a rare, nearly somber moment, the group’s celebrated lead singer, Teddy Pendergrass, introduced the song on Soul Train, the weekly dance and live performance TV show that aired roughly between 1971 and 2006. Pendergrass told the attentive live audience and thousands watching by television that Wake Up Everybody, the title tune of their most recent album, was intended to inspire people to take action with a goal to change America for the better.

“I’m sure that you will all agree that there are things that need to be done in this country today,” he said. “So, what I’d like for you to do is listen very carefully to see what you can do to lend a hand.”

The song’s appeal worked.

“I played that song over and over and over again because it was a constant warning to keep ourselves prepared for the society that we were living in,” says A. Peter Bailey, then a 37-year-old former aide to Malcolm X.

When “Wake Up Everybody” hit the airwaves, Bailey was working as an associate editor of Ebony Magazine. “It was a call to be aware of what we were dealing with in the country that we lived in, the world we lived in, the neighborhood we lived in, the cities that we lived in,” Bailey said in an interview with the Trice Edney News Wire.

He concluded that during Black Music Month 2026, such songs should be recalled and celebrated as a key to changes for the good across America; especially because such songs successfully encouraged people to deal with the issues that might otherwise denigrate the promises of America, including the promise that “All men are created equal,”as stated in the Declaration of Independence.

“The rhythms and blues expressed our joys, our sorrows and our fears,” Bailey recalls. “It was those songs and the singing of those songs by our people that attracted us to the campaigns for justice.”

With his life inspired by that song and others, Bailey, now 88, went on to establish and teach a Black Press class at Virginia Commonwealth University. Also, he has since written three books, including a memoir, “Witnessing Brother Malcolm X, the Master Teacher,” in which he expounded upon successful principles of social justice, some of which are reflected in “Wake Up Everybody.”

Long before the term “woke” became associated with campaigns for justice, Pendergrass led the song that reverberated across America and still holds deep meaning.

The ‘wake up’ call exhorts teachers to ‘teach a new way,’ doctors to heal elders, and builders to ‘build a new land… we can do it if we all lend a hand.”

The song concludes:

“The world won’t get no better if we just let it be. Naw, naw, naw, naw, naw, naw, naw. The world won’t get no better. We gotta change it, yeah – just you and me.”

Hazel Trice Edney wrote this story as part of a four-part series powered by AARP in commemoration of Black Music Month, June 2026.

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