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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

DEL MAR, Calif. (KGTV) - Several homes have been burglarized during the past week in the hills of Olde Del Mar.Neighbors believe they're targeted because they're very freeway accessible; burglars can make a quick getaway.Michelle Angles was a victim."We're so close to the freeway that criminals are coming here because it's an easy pop onto the freeway right after they burglarize. We've had our car broken into; thousands of dollars of things taken."Monday afternoon, just minutes before two homes around the corner and a few blocks away were burglarized, her home surveillance video caught three shady characters ambling down the street."The video shows three young men walking along the sidewalk and they stop right here and you see them looking around and talking very softly.  They noticed the camera and immediately started walking away and one of the young men.. you can see him stop and walk up the grass and he looked into a window next door.  So they were casing houses in the neighborhood," Angles said.At the break-in five blocks away, thieves ransacked the house; stealing jewelry, electronics, cameras and photographic gear.  They also left behind an autographed Steven Tyler guitar with the authentication paperwork right next to it.  They also left many fingerprints on furniture they moved around.  The homeowner said they fed the dog, too; and though she appreciates that the dog wasn't hurt, she's hopeful the fingerprints will lead to arrests. 1517

DAVIS, Calif. (AP) — A tornado touched down in a California field as weekend thunderstorms swept through the central part of the state, dropping rain and dime-sized hail, forecasters said.Cellphone video posted online showed a towering vortex spinning Saturday evening near Davis.National Weather Service forecaster Emily Heller told the San Francisco Chronicle that there was no damage. Tornadoes in the Central Valley aren't entirely unusual and are "weaker and more short-lived" than ones typically seen in the Midwest, she said.Saturday's storm blanketed some roadways with hail in and around Solano County. More stormy conditions were possible Sunday evening.To the east, forecasters issued a winter weather advisory after several inches of snow fell in the Sierra Nevada.Heller called it "the first real snow of the season."Elevations of 6,000 feet (1,800 meters) and above recorded up to 4 inches (10 centimeters) of fresh powder on Saturday. More snow was forecast for Sunday into Monday and the highest mountain peaks could see up to 6 inches (15 centimeters).The severe weather is the result of a cold front over the Pacific Northwest that is spinning out waves of unstable air as it moves east, Heller told the newspaper. 1240

DENVER – Denver business owners have until the end of the month to make sure they’re complying with changes to the city’s building code in regard to gendered language on restroom signs.The Denver City Council voted in December 2016 to amend the code to state that any single-occupant restroom – a restroom with a single stall or toilet or a stall and urinal that’s intended for use by one person at a time – must have a sign stating that it’s open for use by anyone regardless of gender.Existing businesses have until April 30 to meet that requirement.The change also applies to “family” or assisted-use restrooms.Many of these bathrooms are likely already gender neutral; the change in the building code simply states that they must be labeled as such. The change also requires that the restrooms lock from the inside.The city doesn’t require any specific wording or a particular sign design, but the sign must make it clear that the restroom is gender-neutral.According to the city’s website, businesses that don’t have the proper signs will receive a notice that they have 30 days to comply. After that, the city may “seek any appropriate remedy allowed by the Denver Building and Fire Code.”Read more about the new requirements here. 1245

Democrats are pressing Equifax to offer more protection to millions of Americans after last year's massive data breach.In a letter Tuesday, Democrats on the House Oversight Committee asked Equifax's interim CEO to offer customers at least three years of credit monitoring and identify theft protection. Equifax has offered one year of those services for free."Given the sensitive nature of the personal information that was stolen — and the ability of criminals to store and use that information for years to come — we believe that the millions of U.S. consumers whose personal information was compromised in the Equifax data breach should receive the most robust form of credit protection and identify theft services available," Democrats wrote in a letter to interim CEO Paulino do Rego Barros.The letter was signed by Representative Elijah Cummings of Maryland and the other 16 Democrats on the committee.Equifax spokeswoman Meredith Griffanti said in a statement to CNN that the credit reporting agency is "engaged with both federal and state regulators and are having ongoing discussions about appropriate remediation for consumers."The Republican chairman of the committee, Representative Trey Gowdy, could not be reached for comment.Related: The Equifax hack could be worse than we thoughtThe personal information of as many as 145 million Americans was exposed in the hack, including names, dates of birth, Social Security numbers and home addresses.After the data breach was revealed in September, Equifax also offered free credit freezes through June 30 and free credit locks for life. Both services help prevent criminals from opening accounts in your name.The service Democrats are asking about is Equifax's credit monitoring, which reviews a customer's credit reports from all three major credit reporting bureaus. Equifax's credit freezes and credit locks apply only to Equifax credit reports.The lawmakers, citing a congressional briefing by the company's own top IT official, said one year of protection for consumers is "inadequate.""Leading experts and consumer advocates have warned that one year of protection is insufficient," Democrats wrote in the letter.Consumer advocates argue stolen information has an unlimited shelf life.Credit bureaus like Equifax gather information on people to create credit reports, which lenders use to determine the risk of a potential borrower. The agencies draw information from banks, credit card companies, retailers, public records and other sources. 2520