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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

Data and images gathered by Harvard University research indicate that several hospitals in Wuhan Province, China, which was the early epicenter of the coronavirus, began seeing an increase in traffic as early as last August.The Harvard researchers stressed that the data cannot be conclusively linked to the spread of coronavirus. But the study’s authors said that the research supports its hypothesis that the virus originated before being identified last December.The researchers used satellite images from hospitals in addition to search engine data to back its study. The images showed an increase in hospital traffic while search engines showed an uptick in inquiries of coronavirus-related symptoms.The research noted that there are seasonal changes in online searches for “cough,” there was also a subsequent jump in searches for “diarrhea,” which the researchers said is a more coronavirus-specific search term. The authors said both search query terms show a large increase approximately 3 weeks preceding the large spike of confirmed COVID-19 cases.“Our retrospective analysis cannot verify if increased hospital and search engine volume is related to the SARS-CoV-2 virus,” the authors wrote. SARS-CoV-2 is the strain of the novel coronavirus. "While alternative explanations such as the 2019 Military World Games in Wuhan may explain some increases in parking lot traffic, this event opened on October 18, 2019, weeks after the initial rise in Baidu search engine traffic.“Still, further research is needed to validate the emergence of SARS-CoV-2. This study adds to a growing body of work on the value of digital sources as an early indicator of a disease outbreak in the context of limited integrated electronic surveillance data.”To read the full study, click here. 1788

Deputies say a woman attacked a mother and daughter on a Greyhound bus that had departed from Las Vegas. According to investigators, three strangers helped to save the child's life.The bus left Las Vegas shortly after 7 a.m. Monday and was headed to San Francisco. Teresa Ann Andrade Madrigal attacked the mother and child, just 45 minutes after leaving the station in Bakersfield, authorities report."The lady had the baby in her hand," said one passenger, "...and next thing I know, I heard she has a knife."Investigators say Madrigal appeared to be delusional. They say Madrigal grabbed the child around the neck and held her at knife point. That's when the child's mother started to fight the attacker.Soon, the bus driver and two other passengers jumped into action. The mother was stabbed in the abdomen. The men were able to help get the child  away from the suspect.In total, five people were hurt. We're told Madrigal, who was speaking to herself, was initially asked to get off the bus. The driver felt that it was safe to let the woman back on the bus after speaking with her outside.Right now, the investigation into this incident is ongoing. Investigators say Madrigal also stabbed herself. The child's mother, who has not been identified, had surgery on Monday.  She is expected to make a full recovery. The child had red marks around her neck.    1434

Despite not having played in an NFL game in nearly four years, Colin Kaepernick’s jersey is still a huge sell.On Thursday, Nike released a No. 7 Kaepernick jersey to honor four years since the then San Francisco 49ers quarterback took a knee during the national anthem in a protest against police brutality. Within minutes, the jersey sold out.Nike has not said how many jerseys were sold as part of Thursday's sale.The jerseys sold for 0 on Nike’s website.By Thursday night, Kaepernick’s jersey had offers on eBay for 0.“Four years ago, I took a knee to protest against systemic racism and social injustice,” Kaepernick said. “It was that day that the number on my jersey would come to represent something greater than football, something greater than me.“Since then, the number 7 jersey has become a symbol for advancing the liberation and well-being of Black & Brown communities. Thank you for staying True.” 929

Dash cam video from Fairfax County, Virginia, shows an alleged drunk driver running himself over during a police chase.According to police, officers tried to pull the man over, but he sped off.He then got out of his car to escape, but forgot to put it in park. "Oops," police wrote in the Facebook post.Police say the man is OK physically but is charged with DWI - 3rd offense, and a long list of other charges. 419

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