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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, Colo. -- Sam’s No. 3 has been serving customers since 1927.“My grandfather was Sam,” said Sam's No. 3 restaurant owner Alex Armatas.Armatas says the business has made it through historic upheavals like the Great Depression and uprisings after Dr. Martin Luther King Jr.'s assassination, but never has the restaurant had to close for 10 weeks straight.“The impact has been brutal. You go from 100% of business to zero,” Armatas said.Employees like Jason Salazar were temporarily furloughed.“I’ve never not worked since I was 17. So, to just be unemployed was like… what do I do,” Salazar said.When it was time to come back, Salazar says they had to adjust to a new lengthy process.“Just walking in, somebody takes my temperature right away, I wash my hands right away, I put on gloves right away. We don’t even enter the building without a mask.”Masks, social distancing, sanitation -- so much had to be considered when thinking of ways to prevent the potential spread of the virus.“We would normally have a [ketchup] bottle at the table or whatever, but now they’re just individual little containers for them,” Salazar said.The less people touch, the better. Armatas says they’ve fully transitioned to a contactless ordering system. The menu is now on an app.“We got a new app so we can track how many people are in the restaurant so we’re not allowing more than 50 people in the restaurant,” Armatas said.Normally, they can seat more than 200 people. So they’re operating at 25% capacity. However, customers say they’re happy to be back. Anne Wesley says Sam’s No. 3 has been one of her favorite spots more than the past 15 years.“We love it because neither of us are great cooks so it’s wonderful to have somebody prepare a meal for us that we would never prepare for ourselves,” Wesley said.She says she feels completely safe.“I mean you walk in there’s hand sanitizer right away. There’s plenty of social distancing. Our server had a mask and gloves on and so I didn’t feel in any way that our health was being compromised.”The servers say they’ve been grateful for generous tips from customers like Wesley, especially considering they’re operating under thin margins.“The bottom line has been crushed. The restaurant industry has been hurt quite a bit,” Armatas said.According to the National Restaurant Association, the restaurant industry has suffered more job and sale losses than all other U.S. industries since the pandemic began. Some restaurants have permanently closed their doors. Senior Vice President Larry Lynch says those that have stayed afloat are eager to open up dining rooms again, but it will actually cost restaurant owners more.“If you’re takeout and delivery, your cost structure has gone down some so you can at least maintain at that point. But once turn on the lights and open the doors and turn on the air conditioning and bring back the staff, your costs go up,” Lynch said.“How much food should I bring in? How much labor can I afford?” Armatas said.Lynch says it’s more important than ever for restaurant owners to be smart with their finances.“The one thing they could do is manage those menus carefully. Reduce the number of offerings, make it the ones that are most popular. Limit the risk of food waste, and you’ve done a lot to bring yourself closer to profit,” Lynch said.He wants restaurants to feel encouraged and know that they can open again it just takes a lot of work.“It usually takes a week or two to get in and make sure everything’s operating: the refrigerators are clean, the walk-ins are clean, everything’s working properly, you get the staff back in,” Lynch said.Once the logistics are sorted out, Armatas says owners need to remind themselves of why they opened in the first place.“If people know that you really truly care about them and want to make their experience great, that has to be your focus. Because if your focus is money, it won’t work,” Armatas.Whether a business stays open or not, is ultimately up to the customers.“As a community, if we want to thrive, we have to help each other out. And by supporting local businesses, it’s a very easy way, and it’s an enjoyable way,” Wesley said. 4171

DENVER — A 16-year-old girl killed her 7-year-old nephew after the boy threw a fit when the girl refused to play video games with him, according to court documents.Seven-year-old Jordan Vong went missing on Aug. 6. His body was found a day later when FBI agents and police obtained a warrant to enter his family’s Montbello home a day later.According to a probable cause statement, the 16-year-old girl accused of killing her nephew told police she pushed Jordan off her bed after he refused to move and amid a crying fit. She then “placed her hand over Jordan's mouth and plugged his nose as Jordan began to struggle for a few minutes."The girl, whom authorities have not yet identified, was arrested last Wednesday after Vong’s body was discovered inside his family’s home Aug. 7, the day after he was killed. On Monday, she was charged with first-degree murder and felony child abuse charges.According to the document, the teenage suspect told police that on Aug. 6, Vong went down to her basement bedroom and asked her to play video games with him. When she refused, the boy became upset and laid down on her bed, the document read. She said this made her angry, which caused her to push the boy off her bed “causing him to strike his face on the floor,” the statement read. The document said after Jordan stopped moving, the girl told police she put the body underneath her bed before removing it, wrapping it in a blanket and placing it in a portable closet in her room.She told investigators that she did not say a word to family members about what she allegedly did or where the body was hidden. Vong’s body was found by authorities in the portable closet Tuesday evening amid the execution of a search warrant.According to the probable cause statement, Vong’s body was found with a “towel and comforter around his head, biological matter and blood about his nose, and an unknown imprint on Vong’s chest.” He was first reported missing around 4:30 p.m. Monday.Police said the victim’s mother called 911 and reported her son missing. She told police she last saw Vong in the living room of their residence using his tablet computer.The Denver Office of the Medical Examiner said Monday it had determined Vong’s manner of death was homicide, but that his cause of death was “still pending.” 2349

DETROIT (AP) — The U.S. government’s road safety agency is investigating complaints that front suspensions can fail on nearly 115,000 Tesla electric vehicles.The National Highway Traffic Safety Administration says it has 43 complaints that linkages near the ball joints can fail, allowing contact between the tire and wheel liner.The probe announced Friday covers 2015 through 2017 Model S sedans and 2016 through 2017 Model X SUVs.The agency says 32 owners complained of failures at low speeds, but 11 said the links failed on roads while traveling above 10 mph, including four at highway speeds.The probe could lead to a recall. A message was left seeking comment from Tesla. 685

DENVER, Colo. — It's no secret, rent in Colorado isn't cheap. Many people seek out a roommate just to cover the cost of living. However, sometimes roommates have major disagreements. One major point of contention often involves the use of marijuana in the home."If I want to smoke a lot of weed I don’t think that’s an issue," said Damion Green.Finding roommates with his mentality hasn't been easy for Green."I’ve been through hell with people. People who insist you smoke outside, people that freak out about paraphernalia sitting around," Green says of his issues with prior roommates.That's why Angeliki Gousetis created 420 Friendly Apartments — a Facebook group connecting fellow marijuana smokers who are looking for roommates with similar interests.The group doesn't find a place to rent. Dan Garfield, an attorney who specializes in cannabis law, says "it’s just as difficult to find a weed-friendly landlord as it is to find a tobacco-friendly landlord." And if you do find one, Garfield says, Be prepared to pay a larger security deposit.""There’s no worry that I’m a professional and because I’m in finance, I can’t be 420-friendly, so if, God forbid, somebody sees me, I have to hide myself. There’s no hiding. Just be yourself," said Gousetis, a New York realtor.She started the same group in New York before creating one in Denver over the summer. More than 3,000 people have already joined, including Green, who posted to the group he was in need of a place to live. He says within a matter of days, he found his new roommates.Gousetis says she's helped connect people in 25 states. She calls them bud-mates. The group is free to use. Because of the early popularity, Gousetis created two more groups in Boulder and Colorado Springs.This story was first reported by Gary Brode at KMGH in Denver, Colorado. 1829

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