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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 — A passenger’s vaping device is being blamed for a fire that disrupted operations at Denver International Airport last month.According to a Friday release from the Denver Fire Department, the dissembled device was inside the passenger’s travel bag when it caught fire as it passed through a TSA X-ray machine in the south checkpoint the evening of Jan. 30.The screening process was not a contributing factor in the fire, the release said.Airport officials released surveillance video of the incident Friday. The video, viewable above, shows a crowded security line just before the fire sent hundreds of passengers and TSA agents running.The fire was quickly put out by using a nearby portable fire extinguisher. However, the incident prompted DIA officials to temporally halt train service and security screening, causing significant delays throughout the airport.Fire investigators say the device’s exposed lithium-ion battery likely made contact with conductive materials in the bag, causing the battery to create a “dead short.” The short caused the battery to heat up combustible materials within the bag, leading to the fire.The fire was determined to be accidental, and no charges were filed.The FAA prohibits electronic cigarettes and vaping devices in checked bags, but the agency does allow the devices to be carried in a carry-on bag. However, many airlines have policies regarding the possession or use of these devices onboard aircraft. 1474

DETROIT — At Martin Luther King Jr. High School in Detroit, voters arrived shortly after polls opened ready to vote.However, they were shocked to find out that the precinct wasn't prepared – they had no voting machines.Some voters were turned away while others were unable to vote for an hour and a half. Chris Morris said he showed up to find election workers struggling to find a voting machine. PHOTOS: Voter turnout around the nationOfficials said there was a miscommunication about where the machine was located in the school. After learning it was in a locked closet, workers said they were left with no key to open the door.Voters say they were initially told to go to the precinct across the street, though that was incorrect information.The delay left avid voters like Sheree Walton outraged."I take it very seriously," she said. "Someone died so I would have the right to vote."Around 8:30 a.m., workers finally had the machine up and running. Some who waited were worried about others that may have missed out on the opportunity. 1053

DEL MAR, Calif. (KGTV) - Vendors from the Del Mar Fairgrounds reopened in the parking lot hoping to make enough money through drive-thru orders to stay afloat.Tucked just behind the security office at the Solana Gate, you'll find signs for drive-thru fair food.Roxy's Restaurant, California Corn Dog Company and the Kettle Corn stand are staples at the fairgrounds. The pandemic shut down all of the fair's large scale events, events that would help vendors pay the bills.So owner of the Kettle Corn stand Oliver Feldhausen reopened April 24th in the Green Lot for orders to soften the financial blow."He was so pumped and happy with all the response he got, he invited us to come and join him," Shahram Naimi, owner of Roxy's Restaurant said.Naimi and Owner of California Corn Dog Company Rick Kasinak opened May 8th.Each Friday and Saturday they're open from noon to 6p.m.They're serving dozens compared to the thousands each day at the fair, but they say it's better than nothing."You know it's kinda touch and go but these weekends are definitely helping," Feldhausen said. He said he's thankful for the fair supporting them during this time and the power of social media."Every week we are seeing some of our regulars trickle in and as word continues to spread we're seeing more and more," he said.They're also spreading kindness. Each vendor is offering a discount to military personnel and first responders.Some customers are donating food to first responders and healthcare workers.Feldhausen said they've made deliveries to two fire houses, nurses and ER personnel. He said they were happy to deliver free of charge.Each owner has decades of experience at the fair."This would have been my 50th fair, " Kasinak said.Kasinak is third generation fair vendor. His grandfather opened his first stand in 1920 at the Minnesota State Fair. His father opened his first stand in 1969 at the Del Mar Fairgrounds.Naimi came to the U.S. from Iran when he was 17 and started working in the restaurant business at 18-years-old. He opened Roxy's Restaurant in Encinitas with his brother in 1978. They sold the business a few years ago and slowed down, focusing more on their business at the fairgrounds.All of them hope next year everything will be back to normal.Get connected:California Corn Dog Company FacebookKettle Corn from San Diego County Fair Facebook | Instagram 2375

DEL MAR, Calif. (KGTV) — A North County photographer captured five great white sharks swimming about 50 yards off the coast of Del Mar on Thursday.Jedd Wasson, of Del Mar, said he was on the lookout for the sharks as he flew his drone in the area. To his surprise, he not only spotted one, but in total, five juvenile great white sharks calmly gliding through the waters just offshore."So I was actually purposely finding them because I'd been hearing reports of them in Del Mar around 11th Street," Wasson told ABC 10News reporter Steve Smith. "I was surprised at how many there were. I was expecting just a couple but sometimes I would just follow it on the screen and then another one would appear in the frame. I'm like, 'Oh wow, there is quite a lot of sharks here.'"The sharks appeared to be about 8-feet long, Wasson said."I've seen one myself while I was paddleboarding so I can approximate the size, but usually the juveniles tend to come in closer to shore which is what I saw from the drone," Wasson said.Expert Ralph Collier, of the Shark Research Institute, confirmed the sharks appeared to be juvenile great white sharks. Collier added that, before swimmers get too worried, the clarity in the water should help the sharks better distinguish between person or prey. But swimmers should still be cautious."The one I saw was just cruising along the reef then it darted away, so I'm not concerned it's out to get me. I mean, it's their home, we're just in it so I wouldn't worry too much about them but you can always be cautious," Wasson said.While Wasson says he contacted Del Mar Lifeguards about the sightings, lifeguards said there were no posted warnings Friday. 1687