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Death Wish Coffee Company is issuing a recall of its nitro brew cans because of the potential growth of a deadly toxin.According to the Food and Drug Administration, the company recalled 11oz. Death Wish Nitro Cold Brew cans because the current process could lead to the growth and production of botulin, which can lead to botulism.Botulism is a potentially fatal form of food poisoning and can cause symptoms like weakness, dizziness, double vision, difficult breathing and more. 493
DALLAS — Southwest Airlines is moving closer to the first furloughs in the airline's nearly 50-year history. The airline warned nearly 7,000 employees this week that they could lose their jobs unless labor unions accept concessions to help Southwest cope with a sharp drop in travel during the pandemic. That's roughly 12% of the airline's staff.The jobs impacted include customer service agents, ramp agents, operations agents, provisioning agents and freight agents nationwide. Last month, Southwest warned another 400 mechanics could be furloughed. Southwest is seeking pay cuts of around 10% in exchange for no furloughs through 2021. In WARN letters required by law of the possible involuntary furloughs, Southwest says they were able to operate without any employee pay cuts, layoffs or furloughs this year because of the Payroll Support Program in the CARES Act from Congress. Once the protections and funding expired on September 30, the airline says they implemented voluntary separation opportunities, "with approximately 25 percent of Employees taking voluntary options," the airline writes. The airline’s top labor-relations official says negotiations with unions have stalled. Unions say they have proposed cost-cutting measures to Southwest, but management has rejected them and refuses to consider any more voluntary buyouts to reduce the workforce. 1372

Death row inmate, 61-year-old David Earl Miller will be executed tonight by the electric chair at 7 p.m. tonight.Miller is the second Tennessee death row inmate in just over a month to choose to die by the electric chair. His attorneys argued that the state's lethal injection method causes a prolonged and torturous death.Tennessee Governor Bill Haslam declined Miller's clemency application, in which his attorney claimed Miller had been suffering from “severe mental illness” at the time of his crime, and that his mental state places him “far outside that group of offenders who are the worst and for whom the death penalty is reserved.”Miller is also asking the U.S. Supreme Court to issue a stay of execution to address two separate legal issues. The high court declined to issue stays for either of the two other inmates executed this year.The inmate was moved to death watch Wednesday and served his requested last meal Thursday afternoon.Miller was convicted of killing 23-year-old Lee Standifer, who was mentally disabled, in Knoxville in 1981.A man Miller was living with found Standifer's body naked in the yard with her hands bound and roped wrapped around her body. She had been beaten and stabbed multiple times with a fire poker.Through the years, two trials were held and in both, Miller was convicted of first-degree murder.Lee Standifer 1408
DENVER, Colo. – The attorney for the family of Elijah McClain filed a federal civil rights lawsuit Tuesday against the city of Aurora and the officers and paramedics involved in his August 2019 death.The 106-page lawsuit filed Tuesday in the U.S. District Court of Colorado claims that Aurora’s customs and policies led to Aurora Police Department officers and Aurora Fire Rescue paramedics violating McClain’s constitutional rights, leading to his death. The autopsy found his manner and cause of death were undetermined.The suit claims the officers involved in the McClain incident used excessive force against him, denied him equal protection under the 14th Amendment, failed to provide adequate medical care, deprived him of due process, battered him causing his death, and committed negligence causing his death.Attorney Mari Newman is also asking for further relief, including economic losses, compensatory and punitive damages, and attorney’s fees.McClain, 23, was unarmed and walking home from a corner store when he was encountered by Aurora police on Aug. 24, 2019, after a passerby called 911 to report him as suspicious. Over a nearly 20-minute span, police put McClain in a carotid hold, which limits blood flow to the brain.He was handcuffed for much of the ordeal, and the lawsuit says that in addition to the carotid hold, an armbar and knees were used to hold McClain down – even as he vomited. When he became unresponsive, paramedics gave him ketamine, police have said. The lawsuit says the administration of ketamine was done with “reckless or callous disregard of, or indifference to, the rights and safety of Mr. McClain and others.”McClain stopped breathing and became unresponsive and died days later.“The extended, needless use of excessive force and torture by Aurora Police Department officers and the subsequent injection of a massive ketamine overdose by Aurora Fire Rescue paramedics overwhelmed Elijah’s body. He could not recover,” the suit filed Tuesday says.The suit names many of the officers involved in the incident, as well as paramedics and the medical director of Aurora Fire Rescue.The Colorado Department of Public Health and Environment (CDPHE) confirmed last month it is looking into the administration of the drug ketamine by health care professionals after receiving numerous complaints from the public beginning on June 24.Newman claims in the lawsuit that the city of Aurora’s conduct the night that McClain died “is part of a larger custom, policy, and practice of racism and brutality, as reflected by its conduct both before and after its murder of Elijah McClain, a young Black man.”It notes the protests that have stirred national attention on McClain’s case, how APD officers used chemicals at a protest involving violinists and children, and had to fire its first independent investigator that was put on the case. It also mentions the incident in which three officers took pictures at the scene of the McClain incident and texted it to Officer Jason Rosenblatt, who replied, “haha.” A lawsuit has also been filed against the police department for its actions the day of the protest.Rosenblatt and two other officers – Erica Marrero and Kyle Dittrich – were fired, while another officer, Jaron Jones, resigned. Rosenblatt has since sued over his termination, and others have appealed theirs.The officers involved in McClain's death were not arrested or charged.In June, as McClain's death garnered national interest, Gov. Jared Polis appointed Attorney General Phil Weiser to investigate the officers' actions. The Colorado U.S. Attorney's Office also confirmed it is working with the Department of Justice Civil Rights Division to investigate the matter.In late July, the Aurora City Council adopted a resolution calling for a three-member independent investigation team that will be led by Jonathan Smith of the Washington Lawyers Committee for Civil Rights and Urban Affairs in Washington, D.C.The team will include consultants who have expertise in independent investigations, law enforcement and public safety accountability, civil rights, use of force, police and EMT training, and criminal justice.The team would then issue a written report to the city council, present its findings to the council in a public meeting, and make the report public. The report will include recommendations to the city on the McClain incident as well as future best practices the police, fire, and EMT departments should implement.Newman gave notice to the city in February that the McClain family intended to sue.The suit goes into detail about what she claims is a pattern of Aurora police targeting Black people with excessive force – something our partners at The Denver Post reported on in detail earlier this week – noting that while just 16% of Aurora residents are Black, they accounted for 47% of use of force cases by police in 2019.“For decades, Aurora police have persistently brutalized people of color, and especially. Black people, at a rate significantly greater than their proportion in the Aurora community. Some – but by no means all – examples of cases brought by victims of Aurora’s racist brutality are set forth herein,” the suit states.It goes on to say that officers profiled McClain because he was Black and used “much more unreasonable force” than they would have if he had been white. It says the city is liable “for its failure to properly train, supervise, and/or discipline its subordinate employees and agents.”And it says that the officers and paramedics “consciously disregarded a substantial and unjustifiable risk that their conduct would cause the death of Mr. McClain” and that his family continues to suffer. The suit calls for damages under the Colorado Wrongful Death Act.“We have filed this civil rights lawsuit to demand justice for Elijah McClain, to hold accountable the Aurora officials, police officers, and paramedics responsible for his murder, and to force the City of Aurora to change [its] longstanding pattern of brutal and racist policing,” Newman said in a statement.The city of Aurora said it could not comment on pending litigation."The city is currently reviewing the lawsuit and is unable to comment until that review is complete," a spokesperson for the city said.On Tuesday afternoon, the Colorado Attorney General’s Office confirmed that it has been investigating the “patterns and practices” of the Aurora Police Department involving instances where officers might have deprived people of their constitutional rights.“This patterns and practice investigation, authorized by SB20-217, is in addition to a separate investigation the office is conducting into the death of Elijah McClain. In order to maintain the impartiality and integrity of these investigations, the Attorney General’s Office has no further comment at this time,” the Attorney General’s Office said in a statement.That came as Aurora City Manager Jim Twombly and Chief of Police Vanessa Wilson announced they had picked Chicago-based 21CP Solutions to conduct a comprehensive review of the police department.“Law enforcement is being evaluated across the nation and we want to ensure that our entire community feels that APD is an agency that shows dignity and respect and can be a role model for 21st Century policing. We will strive daily to regain trust in our community. I believe this review, along with actionable policy and training changes, is a good first step,” Chief Wilson said in a statement.The Aurora Democratic delegation sent out a statement Tuesday afternoon on the new investigation and review:“Today’s announcement that the Attorney General's Office has an ongoing patterns and practices investigation into the Aurora Police Department after several high-profile cases involving community members of color, represents a monumental shift in the future of policing in Colorado.“The inclusion of pattern and practice investigative authority was one of the most crucial provisions in SB20-217, the police accountability bill we passed earlier this year. Rather than focusing only on individual issues, this review will examine the behavior of the police department as a whole, potentially going back several years. To achieve full accountability and to eliminate structural and systemic problems in an organization, it is necessary to look broadly and deeply, and this is exactly what we expect this investigation to do.“We also fully support the reforms that Chief Vanessa Wilson is seeking to make, and we will work to ensure that the department cooperates with the Attorney General's investigation. Aurora is hurting, and we believe that this investigation and the cultural changes we hope it will bring can heal the deep wounds that divide our beloved community.”This story was originally published by Blair Miller at KMGH. 8823
DEL MAR, Calif. (KGTV) -- A plan meant to increase safety along Del Mar's famous coastal bluffs is being met with deep resistance by residents, surfers and walkers.North County Transit District says it has obtained grants to fund building a fence to protect the train tracks on the bluffs. It would aim to end 100 years of people illegally crossing the tracks to get down to the beach or take in the views.The district says it would help prevent erosion and increase safety - six people have been hit by trains in Del Mar in the last two years. RELATED: Del Mar bluff collapses for second time since AugustThe Del Mar City Council will discuss the proposal at its meeting Monday. "They put a fence up there it's not going to stop me," said Chris Gable, a longtime Del Mar surfer. "I understand it's a safety hazard since they're upping the frequency of the trains, but I don't think it's going to go over well."Del Mar Mayor Dwight Worden said the fencing is an overreaction. He said a better plan is to increase education, signage, citizen enforcement, and to build protected legal crossings. Residents and surfers say people would cut through or climb the fence, and that could trap them if a train comes - and that the fence could cut off an escape route in the event of a wildfire. They also cringe at the aesthetics.RELATED: Researchers tracking crumbling Del Mar bluffs"The idea that we have no access to the beach and have a fence in front of us is not a good idea," said Karla Leopold, whose home overlooks the ocean and bluffs. Del Mar is also discussing placing four legal crossings at various parts of the city, but that would require a 0,000 feasibility study. The earliest that could begin is next summer. 1780
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