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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

DETROIT — The Michigan Department of Health and Human Services is activating an emergency plan in response an outbreak of hepatitis A.The number of cases continues to rise in Michigan. The department is activating what is called the Community Health Emergency Coordination Center."To help coordinate Michigan’s response to the hepatitis A outbreak, we are opening the Community Health Emergency Coordination Center to assist the multiple local public health jurisdictions involved in the response and prevention of further cases," said MDHHS Director Nick Lyon.The emergency coordination center will provide support to health departments, hospitals, EMS and other health care providers.Health care providers are asked to encourage hepatitis A vaccination."We know that the hepatitis A vaccine is more than 90 percent effective in protecting someone who may be exposed to hepatitis A," said Dr. Eden Wells, Chief Medical Executive with the MDHHS. "Without a single source associated with these cases, the importance of vaccination and proper hygiene is vital to ensuring we stop the person-to-person spread of hepatitis A." There have been 457 confirmed cases of hepatitis A since August 1, 2016. This number includes 18 fatalities associated with the outbreak and affected a number of cities; City of Detroit, Huron, Ingham, Lapeer, Livingston, Macomb, Monroe, Oakland, Sanilac, St. Clair, Washtenaw, and Wayne Counties reported to MDHHS.Hepatitis A is an infection of the liver caused by a virus and is a vaccine-preventable disease.Symptoms may appear from two to six weeks after exposure, with the average time being about one month. They include sudden abdominal pain, fatigue, diarrhea, nausea, headache, dark urine, and vomiting followed by yellowing of the skin and eyes.To reduce the risk of contracting Hepatitis A, health officials recommend the following points of emphasis:*Wash hands frequently, especially after using the bathroom, changing diapers, and before preparing and eating food.*Clean and disinfect all surface areas if someone in the household or workplace has symptoms., especially areas such as toilets. sinks, trashcans, doorknobs and faucet handles.*Do not prepare food if you have symptoms and refrain from food preparation for at least three days after symptoms have ended, or two weeks after onset of clinical symptoms, whichever is longer.*Get the Hepatitis A vaccine. 2428

DENVER — "Game of Thrones" fans who wanted to own something like the near-mythical "Dire Wolves" on the series are now abandoning Huskies in record numbers."People have actually asked me if we have any Dire Wolves. That doesn't exist." said Maren Gibson with the Arctic Breeds Rescue, which rescues Huskies, Malamutes and other northern breeds in Utah and Colorado. "They have no real knowledge of the breed."Now, many of those dogs are being found on the street or abandoned in shelters."We've said amongst ourselves, 'What is going on with all these lost Huskies?'" said Stephanie Weber, who helps run the Facebook group Lost and Found Dogs of Colorado. Weber said they have recently seen a surge in found Huskies that no one is looking for."So, it seems sort of like maybe they are not just getting loose," said Weber. "Maybe someone is turning them loose, getting rid of them." At the Dumb Friends League Shelter in Aurora, there has also been a significant increase in the number of Huskies and Malamutes. The shelter has seen a 25 percent increase in the last fiscal year, compared to only a 2.5 percent increase the year before.Some are strays, but almost half of them have been surrendered by their owners."The reasons people are giving when they are surrendering the dogs are time and space, which means they don't have enough time for the dog, they don't have enough space for the dog," said Maia Brusseau, a spokeswoman with the Dumb Friends League. "If you want to adopt this type of dog, you need to make sure it's right for your lifestyle."The high-energy breed can be a challenge for many owners."Northern breeds are difficult," said Weber, who is fostering a Husky mix. "They're stubborn. They're runners. They're escape artists, They're chewers. They're very vocal. They have high energy and need a lot of exercise. They're great dogs if you're willing to make your life fit around them."Weber said too many people choose pets as an extension of the favorite show or movie and not based on what is the best fit for their family."When '101 Dalmatians' came out, everyone wanted a Dalmatian. It happens with every trend like that. but 15 years is a long time to live with not the right dog," said Weber.She recommends volunteering at a wolf rescue if you want to see something like a Dire Wolf or fostering the breed before you decide to adopt. 2427

DALLAS (AP) — American Airlines began booking flights to full capacity Wednesday, despite record surges in the novel coronavirus across the country.The airline previously announced it would start booking to full capacity last Friday."As more people continue to travel, customers may notice that flights are booked to capacity starting July 1,'' the airline said in a statement. "American will continue to notify customers and allow them to move to more open flights when available, all without incurring any cost.''American isn't the only airline doing this.United Airlines already do not block any seats. But other major U.S. airlines including Delta and Southwest leave middle seats open or limit bookings to creating space between passengers to minimize contagion. Almost all U.S. airlines require passengers to wear face masks, and in a few cases, they have banned customers who refuse to comply. American says it will notify customers when a flight is likely to be full and will let them change flights at no extra cost. 1033

DAWSONVILLE, Ga. — A quiet neighborhood in Dawsonville, Georgia is in shock after a Tampa man traveled there and allegedly killed his ex-wife and her sister on Thursday.Lumpkin County Sheriff Stacy Jarrard said Kelley McDonald Jr., 39, shot four people in the home before turning the gun on himself.  McDonald's ex-wife and her sister were both killed. McDonald shot and wounded a 16-year-old in the home and his 2-year-old daughter. Both were rushed to Children's Healthcare of Atlanta at Egleston, according to Jarrard.The sheriff said the victim was hiding from her ex-husband but he tracked her down to the community about an hour north of Atlanta. Around 8:30 a.m., deputies responded to a call of shots fired. A 13-year-old inside the home during the shooting was able to escape and call 911.Court documents show McDonald and his ex-wife divorced in October 2017. According to an active arrest warrant out of Hillsborough County, Florida, McDonald was wanted for attacking his ex-wife on December 30 inside her Tampa condo. The warrant was for domestic violence with strangulation and burglary with assault.  Tampa neighbors said they were friendly with the victim but noticed a lot of police going in and out of the home. They said she recently moved out. They were shocked and saddened to learn she was murdered.McDonald’s mother spoke to Scripps station WFTS in Tampa outside her Tampa home. She said the family was “shocked and just learning of the news.”  Court documents show an emergency motion was filed on February 26 by the victim asking domestic violence injunction petition.  Lumpkin County Sheriff 's Office posted on Facebook that anyone seeking refuge for domestic violence in a community should always reach out to any local domestic violence organization they can contact.The sheriff writing on Facebook, “If you have taken refuge in a community, I encourage you to reach out to the local law enforcement of that area so that they may be aware of any situations that might arise in order to keep you and your family safe.”The names of the victims have not been released. 2156