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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

Democratic presidential nominee Joe Biden has taken the lead in the vote counts for two key battleground states, putting him on the precipice of clinching the White House.At about 9 a.m. ET, a vote count update in Pennsylvania showed that Biden had taken a lead of about 7,000 votes over President Donald Trump. The lead for Biden increased to 20,000 by Friday evening.The update came hours after Biden took the lead in Georgia after a vote count update came in from Clayton County. Biden held an advantage of about 4,000 votes in the state, as of p.m. ET8.Trump once held close to a 400,000 vote lead in Georgia when election officials began transitioning from counting Election Day ballots to mail-in votes.Watch RNC officials hold a press conference over the election in Atlanta:Watch Georgia's election officials provide an update on the state's results:On Friday, Georgia Sec. of State Brad Raffensperger said he believes the presidential race will be within the margin of a recount.Georgia and Pennsylvania are two of a handful of battleground states that have yet to be called and will be crucial in determining the outcome of the presidential race. State officials in Nevada briefly stopped counting on early Thursday evening and are set to resume Friday morning.While Trump took to the White House briefing room dais to declare the election was being stolen from him, the reality is that Trump did poorly in mail-in votes. While Trump dominated Biden in votes cast on Election Day, Biden led mail-in voting in Pennsylvania by a 3-to-1 margin, and he led mail-in votes by a 2-to-1 ledger in Georgia. The two states largely completed their Election Day tabulations on Wednesday, allowing Biden to comeback ever since.The Pennsylvania Secretary of State's Office said that the count of mail-in and overseas military ballots was nearly complete, and officials are now counting provisional ballots.Winning Pennsylvania alone assures Biden of an Electoral College victory. Georgia also likely gives Biden a win as the Associated Press previously projected Biden would win Arizona, although Biden's lead has narrowed to just 1.5% there.While dozens of workers in Philadelphia remained busy counting votes, Clayton County, Georgia, also became the center of election attention late Thursday and into Friday. The county, which heavily supported Biden, was still actively counting votes as other counties decided to rest for the night. 2443

Details emerged about what happened to a Port St. Lucie, Florida woman and her boyfriend, both found murdered in their homes in February. A third body was also found in a car nearby, adding to the mystery.On Wednesday afternoon, St. Lucie County Sheriff Ken Mascara announced a new development about what happened along Oleander Avenue. "I call this the Case of Cardiac Karma," said Sheriff Mascara.Confirming a theory long suspected by neighbors and family, detectives say 61-year old Melvin "Chip" Anderson stabbed 56-year old Gabriele Legg to death and then killed her boyfriend before suffering from a heart attack while fleeing the crime scene."Karma is terrible thing," said Mascara. All three bodies were found within a mile of each other around Oleander Avenue corridor. RELATED:?Man who found the first of three bodies in St. Lucie County describes shocking discoveryAt 9:50 a.m. on Feb. 28, deputies responded to a single car crash at the intersection of Oleander Avenue and Beach Avenue and found Anderson in distress. He was transported to a local hospital where he died.“We have previously released that Chip Anderson died as a result of natural causes,” said Mascara. “Toxicology results have returned and indicated no presence of drugs or alcohol and his final cause of death has been ruled a heart attack.”At 9:58 a.m. that morning, deputies then responded to 606 Ash Avenue and found Legg dead inside her garage and wrapped in a rug. “Her cause of death has been contributed to multiple stab wounds,” Mascara said.Legg was Anderson's aunt by marriage."She was the primary figure in Chip Anderson's life. Both on an emotional and financial standpoint," Sheriff Mascara said. "It is very clear that Chip relied on Gabriele very immensely."Deputies also confirmed that Anderson worked with Legg in her painting business.“We don’t believe there was any sort of romantic relationship between them, but it’s clear that Gabriele was very important to Chip," said Mascara.The sheriff said Anderson lived with Legg and stayed in the house with her body for days. It is believed she was killed around Feb. 19."We believe she was killed in a bedroom. He kept her in that bedroom for sometime, and then dragged her through the house. Because of his heart condition, he couldn't make it all the way to the garage," said Mascara.Days later, Anderson then killed Legg's boyfriend, Gary Boice, in his own home by shooting him to death with Boice's own gun."Boice and Legg were in a relationship and were in the process of moving in together in Boice's home," said Mascara.Anderson stole Boice's car after the shooting, but as he drove away he suffered a heart attack."There was evidence that in the days after he stabbed Gabrielle, he went to the pharmacy to get heart medicine," said Mascara. Detectives also confirmed a motive."He was so angry about his emotional support system and financial support system leaving him, moving in with Gary Boice -- really they were kicking him to the sidewalk and didn't want him to be a part of this new relationship," said Mascara.According to the Sheriff, detectives found a .45 caliber Glock handgun on Anderson’s body and ballistics analysis has matched this gun to the casings found at Boice’s home.This case is now closed. 3310

Data released on Monday by the FBI shows a drop in violent crime in the US in 2019, continuing a trend in recent years.The FBI said that violent crimes in the US dropped 1 percent in 2019 compared to 2018. The improvement was the third straight year of a declining violent crime rate in the US.The FBI added that property crimes in the US dropped 4.5 percent from 2018.The amount of violent crime in the US has dropped significantly so far in the 21st century, per FBI data. In 2000, there were 506 reported instances of violent crimes per 100,000 people. In 2019, that number had dropped to 366 violent crimes per 100,000 people.The FBI has also reported a significant drop in property crimes over the years – for things like thefts and larcenies.“I am encouraged by the great work being done by law enforcement to combat violent crime across the nation,” said FBI Deputy Director Dave Bowdich. “The FBI continues to make clear that violence will not be tolerated, and we are committed to continuing our work with state, local, and tribal partners across the country to confront and deter violence, dismantle criminal organizations and gangs, eradicate drug trafficking, and bring justice to victims.” 1210

DEL MAR, Calif. (KGTV) - Work to repair two washout areas near the train tracks on the Del Mar bluffs will lead to a partial rail closure this weekend, the North County Transit District said Wednesday. A project team was able to move up the repair timeline from January to Dec. 14-15, according to the NCTD. The washouts were first reported during a storm over the Thanksgiving holiday. All rail operations from the Solana Beach train station to Santa Fe Depot downtown will be halted and replaced with bus bridges for COASTER trains. RELATED COVERAGE:Del Mar cliff crumbles near train tracks following heavy rainsDel Mar bluffs near train tracks under 24/7 surveillanceTravel nightmare for train passengers after Del Mar bluff collapseAmtrak announced multiple cancellations and route adjustments due to the repairs. Learn more on Amtrak's website.Construction will be focused on an area near 15th Street in Del Mar, the NCTD reported. Steel-reinforced retaining structures will be built in between the existing concrete piles. Residents in the area can expect significant noise throughout the weekend, said NCTD officials. 1132