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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

DENVER, Colorado — A new study from the University of Colorado Anschutz Medical Campus highlights a startling aspect of the United States' opioid crisis: Many emergency room doctors don't realize just how often they're prescribing the addictive pain meds.CU researchers, along with researchers at the University of Massachusetts Medical School, conducted a year-long study examining the prescription-writing behavior of more than 100 doctors at four different hospital emergency departments.The researchers first surveyed the doctors, asking how often they prescribed opioids compared to their peers, and found that 65 percent of the doctors actually wrote more opioid prescriptions than they thought they did.Out of a total of 75,203 prescriptions written over the course of the year, 15,124 of them — or slightly more than 20 percent — were for opioids.After researchers showed the doctors the actual data, the doctors started writing fewer opioid prescriptions."Everyone showed an overall decrease in prescribing opioids," said study author Sean Michael, an assistant professor of emergency medicine at the University of Colorado School of Medicine. "After seeing their real data, the people with inaccurate self-perceptions, on average, had 2.1 fewer opioid prescriptions per 100 patients six months later and 2.2 percent fewer prescriptions per 100 patients at 12 months."The study only highlights a small piece of the opioid prescription problem, the authors state, since emergency room doctors hand out just 5 to 10 percent of all opioid prescriptions."Despite making progress on the opioid epidemic, we can't assume providers are behaving optimally and have all the information they need to do what we are asking of them," Michael said. "Most believe they are doing the right thing, but we need to directly address this thinking to be sure they are not part of the problem."The study is published in the journal Academic Emergency Medicine. 1961

DENVER — Stepping into the unknown takes a profound sense of courage. During the novel coronavirus pandemic, there are a lot of unknowns, particularly when it comes to a vaccine.Across the country and around the world, there are dozens of vaccine trials underway as researchers race to find an end to the pandemic.In the U.S., two of those vaccine trials are showing early promising results. The Pfizer and Moderna vaccine trials are showing an above 90% efficacy rate.In Colorado, roughly 270 volunteers signed up for the Moderna vaccine trial through UC Health, including Michael Rouse.“There was a call out for minorities, especially African-Americans, and I felt it was time that we stepped up so I volunteered,” Rouse said. “It wasn’t a tough decision at all. I have faith in science. I have faith in medicine.”Rouse is a 66-year-old retiree who says he understands the hesitancy people of color have, but he believes it’s important for them to be involved in this vaccine trial to prove it’s safe.“Without people stepping up, we’re never going to find a solution,” Rouse said. “Our participation is what’s going to help save millions of lives.”Rouse said he received his first COVID-19 vaccine on Aug. 17 and his second shot a month later. He didn’t feel any initial pain or soreness from the injection.However, several hours afterward he did feel aches, nausea, a headache and a sour stomach that lasted for roughly 12 hours the first time and 24 hours the second time. Because of these side effects, Rouse is convinced he received the real vaccine and not a placebo.Now, he checks in about once a week using a mobile app on his phone to answer questions about his experience.“We have to do something to stop this because it’s getting out of control and like any vaccine, there is going to be some symptoms or some side effects, but we need this vaccine because this pandemic is just getting worse. The virus itself is not going to just disappear,” Rouse said. “I definitely think it’s going to be a defining moment in the world and those of us who can help find a solution should be proud of the fact that we helped find a solution to this defining moment.”Despite this, Rouse said he is still being cautious, wearing a mask in public, social distancing and staying home whenever possible.“I’m living as if I didn’t get the shot but I’m not afraid to go out and do things,” Rouse said.In an effort to educate the public about his experience and reassure them that the vaccine is safe, Rouse recently wrote a guest commentary talking about his experience with the vaccine.He hopes that once a vaccine does come out, his experience and that of the hundreds of other volunteers will encourage people to get it."I think it’s so important that we get positive news out about the vaccine. Right now, many Americans are a little reluctant to take it until more of us who are involved in the phase 3 testing can speak up and say, 'Hey this is not horrible, it’s not gonna kill you and when it’s available, you need to take it,'" Rouse said.This story originally reported by Meghan Lopez on TheDenverChannel.com 3119

DEL MAR, Calif. (KGTV) - About 400 horses displaced by the Lilac Fire will move back to their original home at San Luis Rey Downs next week, according to trainers at the Del Mar Racetrack.The horses have been living in Del Mar's stables since the fire tore through the downs on December 7. Nearly 50 horses died in the fire, and several trainers and stable workers were also injured.Del Mar has become their second home in the four months since."I joke that it's like losing your home and being put up in a proper hotel,"' says trainer Ed Freeman.He has 16 horses living at Del Mar and says he's not sure what the emotions will be like returning to the site of one of the worst days of his life."I'm a little worried it will be stressful for the workers," Freeman says. "Our barn isn't there, we'll be in a new spot. But it's still going back to the scene of the crime."Del Mar racing officials had targeted mid-April for the move-out. They need their stables back to begin preparations for this summer's racing season. Nearly 3200 horses will be using the track to train and race over the next few months."It's vital for Del Mar for people to have a place to bring in young horses that are going to be beneficial during our race season," says Racing Secretary David Jerkens.But, he adds, Del Mar was happy to help out."Sometimes it takes a tragedy to see the good in people," says Jerkens.A GoFundMe page run by Del Mar and Santa Anita Racetrack helped raise more than 0,000 to take care of the horses, trainers and workers displaced by the fire. And in the weeks following the fire, hundreds of people volunteered at the stable to take care of the horses. Trainers say they're humbled by the support they got and had nothing but high praise for Del Mar as they get ready to leave."I definitely think they looked out for everyone's best interest," says Adam Kitchingman, with First Home Thoroughbreds. "They didn't want to leave anyone high and dry."   1984

DENVER, Colo. — When a Denver area woman received a voicemail from the Tri-County Health Department letting her know test results were in, she was puzzled because she did not have any recent medical tests. She called back and said an employee for the health department told her that she had tested positive for COVID-19. She replied that she had never been tested."Well, it definitely freaked me out, you know, because ... they had all of my personal information and then this positive test result," said Jessica.We're only using Jessica's first name because she's worried her personal information was compromised.“They knew my phone number, they knew my address, they knew my first and last name, but they had the birthday wrong," she said.She said the health department employee told her the test was administered at a NextCare facility. Jessica said she's been to the NextCare by her house before but it was sometime last year."There was nothing they could tell m — they couldn’t tell me which NextCare it was because that was confidential information and that basically there’s nothing they can do for me and that’s where we’re at now," said Jessica.KMGH reached out to the Tri-County Health Department. A spokesperson said NextCare made a COVID reporting error and said Jessica was never actually tested. He said the health department has done everything on their end to delete her information out of their data systems, however NextCare has not reached out to her despite multiple requests."So, it’s just been a big mess and to be left here where I have no idea what happened, where it was, who it was, if they still have my information — it’s been really hard to get down to the bottom of it," Jessica said.This story was originally published by Liz Gelardi at KMGH. 1781

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