Family members of the 12-year-old boy who was fatally shot while carrying a toy gun last month by a Cleveland police officer have filed a wrongful death lawsuit against the officers involved in the shooting and the city of Cleveland.

Filed on Friday, the eight-page complaint states that Officers Timothy Loehmann, 26, and his partner, Frank Garmback, used excessive and unnecessary force against Tamir Rice on Nov. 22, reports the Washington Post.

The suit alleges that the cops acted "unreasonably, negligently (and) recklessly" when Loehmann shot Rice, NBC News reports.

"Had the defendant officers properly approached Tamir and properly investigated his possession of the replica gun they would undoubtedly have determined ... that the gun was fake and that the subject was a juvenile," the complaint said.

The lawsuit also alleges that the officers neglected to provide Rice with medical attention for over four minutes "as he lay on the ground alive and bleeding."

"Young boys playing with replica guns are commonplace in America and police are expected to approach them safely if an investigation is warranted, not shoot them dead within two seconds," the lawsuit states.

The lawsuit also accuses the City of Cleveland of failing to properly train Loehmann, who was deemed emotionally unstable and unfit for duty in a previous police job.

Video footage of the incident shows that the victim was walking around and waving a pellet gun outside the Cudell Recreation Center. He eventually sat down on a park bench in the park's gazebo before a cop car pulls up near him. That's when rookie policeman Loehmann jumped out of the car and opened fire, two seconds after arriving on the scene. The boy then died a day later, after being transported to the hospital.

Cops were called to the playground after a man who was sitting in a nearby gazebo called 911 to report that he saw someone pointing a gun at people. Although the caller stated several times that the weapon was probably a toy, the dispatcher did not transmit that information to the responding officers. As a result, the officers believed they were looking for an adult black male on a "gun run," said Deputy Chief Ed Tomba at the conference, according to NBC News.

Attorney General Eric Holder also announced on Thursday that results from an ongoing federal investigation into the Cleveland Police had found "unreasonable and unnecessary use of force" by the city's Police Department, reports the New York Times.

The Department of Justice found that the Cleveland police used "unnecessary, excessive or retaliatory use of less lethal force" involving Tasers, chemical spray and fists.

"Cleveland officers are not provided with adequate training, policy guidance, support and supervision," the Justice Department concluded in its report.

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