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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 Denver couple that drove to Little Rock, Arkansas to pick up three puppies purchased online, is now warning others about a pet scam that cost them hundreds of dollars.Breckenridge and Mary Lynn Grover love French bulldogs. They had two until September when their beloved “Derby” died.“He’d eaten supper and went outside,” Breckenridge Grover said. “I heard a scream, went downstairs and saw him lying down.”He said he tried to resuscitate the dog.“He died in my arms of a heart attack,” he said.The couple told KMGH that with Derby gone, their other French bulldog, Liza Jane, became listless and depressed.Last month, they decided to look online for a new dog, as a companion for Liza Jane.Seller pours on the charmThey found a pug in Austin. Mary Lynn Grover said the owner asked them to send money via the Zelle app.They hadn’t used it before but thought they’d give it a try, then had second thoughts.“We did everything,” she said. “Wells Fargo was wonderful getting things back, saying ‘I think this guy chickened out. He didn’t even have a Zelle account.’ ”The Grovers continued their search, trying to be more cautious the second time around.They found three French bulldogs via online advertisements and said the seller poured on the charm.“He said, ‘Now you are part of my family. These were my mother’s puppies.’ He even sent us a picture of the kennel he was buying for us and said, ‘I will make dinner.’ I mean he knew me as a soft spot. He said all the right things to me.”The Denver couple drove to Arkansas. But halfway there they received a phone call.“He said, ‘Oh, by the way, could you also pick up a gift card at Walmart?’ ”Mary Lynn said that’s when the red flags went up.She said they didn’t pick up a gift card; they just kept driving.“I texted him, saying ‘We’re coming.’ We got to the house; it’s dark,” she said.There was no answer at the door, so Mary Lynn Grover called the two numbers they had for the seller, who said his name was Bill Todd.“A woman answered and asked, ‘How did you get this number?’ I described what happened. She said, ‘he did the exact same thing to me, for 0,’ ” she said. The Grovers said they are working with the Arkansas Attorney General, Better Business Bureau and Little Rock Police Department.BBB response“A lot of scams are tricky and hard to understand,” said Ezra Coopersmith, the investigations coordinator at the Better Business Bureau. “This one isn’t. It just stinks.”Coopersmith said there are more scams reported around the holidays because pets are often given as gifts.He added that scammers will often try to squeeze their victims for more cash by charging for shipping the fake pets.Second victimAurora, Colorado resident Ronald Mills said he was told the 0 he paid for a pug he found on Craigslist for his grandson would cover shipping charges.He later received an email saying it would cost ,000 to ship third class, ,100 to ship second class and ,200 to ship first class.“I called (the seller) and said, ‘I guess I’m not getting the dog and you scammed me,’ ” Mills said. “I said, ‘this is a scam.’ He said, ‘Oh sir, this is not a scam. I’m a good Christian.’ He wasn’t a Christian.”BBB adviceCoopersmith said people purchasing pets should follow these guidelines: 3334

DENVER -- A police body camera video leaked to Scripps station KMGH in Denver shows the son of Denver Mayor Michael Hancock using a slur against an Aurora police officer during a traffic stop.“My dad’s the mayor, you f---ing f--got,” Jordan Hancock is shown saying in the video clip.“Of Denver? Well you’re in Aurora,” the officer responds.“Guess what, I’m about to get you fired you f---ing b---h,” Hancock is heard saying later.The video clip sent to KMGH by an anonymous source is only about 20 seconds long and ends with 22-year-old Hancock driving away. KMGH requested the full video from Aurora police but the request was declined.KMGH has learned that after requesting a copy of Jordan Hancock’s ticket and the body camera video, the Aurora Police Department alerted the office of Denver’s mayor. APD said it notified Mayor Hancock's office as a “courtesy.”A traffic ticket issued to Jordan Hancock says he was driving 65 miles an hour in a 40 miles per hour zone. In the ticket, the officer wrote, “Attitude very poor-see video.”The ticket was issued by an Aurora police officer on Friday, March 23, 2018 near the intersection of East 40th Avenue and North Walden Street shortly before 8 a.m.Jordan Hancock made a mandatory court appearance Monday morning and agreed to pay a 0 fine. When asked by the judge why he was driving so fast, Hancock explained he was running late.After the court appearance, KMGH asked Jordan Hancock to explain what happened during the 20-second video clip. KMGH asked Hancock about his choice of language, his decision to say he was the mayor's son, and his threat to get the officer fired. Hancock did not respond to any of the questions.Mayor Hancock declined requests for an interview to discuss the video, but his office did send a written statement:“We addressed this matter with Jordan and he has apologized to the Officer. While we do not support nor condone his inexcusable actions and words during this traffic stop, we love our son dearly and support him.”Aurora Police Chief Nick Metz also declined to comment on the video. Instead, his department released this statement: 2161

DALLAS (AP) — The Texas Supreme Court has denied a Republican-led petition to toss nearly 127,000 ballots cast at drive-thru voting places in the Houston area. The state's all-Republican high court on Sunday rejected the request from GOP activists and candidates without explaining its decision. The effort to have the Harris County ballots thrown out is still set to be taken up during an emergency hearing in federal court on Monday. Conservative Texas activists have railed against expanded voting access in Harris County, where a record 1.4 million early votes have already been cast. 596

DENVER — A former teacher at East High School in Denver was arrested after accusations she smoked marijuana with her students during a party at her Denver home. Rachel Farley, 29, was taken into custody Monday on suspicion of contributing to the delinquency of a minor, a class 4 felony. According to an arrest affidavit, Farley invited students from her class to her home on August 18, 2017, to decorate clothing for Freshman Day. At some point during the event, she brought out marijuana and began smoking it with her students, the document reads.In February of this year, police say they were dispatched to the school after a student reported that Farley had been providing and consuming marijuana with her students at her home.Police interviewed nine students as part of the investigation and “multiple students admitted to smoking with the suspect,” the document read. Farley resigned from East High School on August 31, 2017, according to a statement from Denver Public Schools. The statement stresses, “there was nothing notable about her resignation - she simply resigned.”After her resignation, DPS says she had been working as a volunteer in the music and drama department at the school. But after the allegations surfaced in February, she was “barred from volunteering for, contracting with or being employed by Denver Public Schools in the future.”Farley was listed as still being in custody at Denver City Jail as of Wednesday morning.  1502