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Democrat Cal Cunningham formally conceded on Tuesday to Republican incumbent Thom Tillis in the US Senate race in North Carolina that could help pave the way toward Republicans retaining Senate.The race in North Carolina has not been formally called by the Associated Press as there are an unknown number of provisional and uncured ballots that are left to be counted in North Carolina.Cunningham once held a significant lead in polling, but the last few polls that were released before the election were within the margin of error. Another race Republicans are likely to win is in Alaska, where Sen. Dan Sullivan is expected to maintain his seat.Assuming Tillis and Sullivan win re-election, Republicans will control at least 50 seats in the new US Senate come January. Two remaining seats will be decided in a runoff in Georgia. Democrat Jon Ossoff just barely forced a runoff against Republican David Perdue last week. In a special election, Democrat Raphael Warnock and Republican Kelly Loeffler will meet after Loeffler held off a Republican challenger to finish in the top 2 of last week's general election.Democrats would need both seats in Georgia to force a 50-50 tie in the US Senate, with Vice President-elect Kamala Harris acting as a tie breaker on the Democrats’ behalf.The two Georgia races will likely draw a lot of attention as Democrats will be hopeful to gain the two seats in order to have an easier path to get judicial and administration nominees approved by the Senate.Regardless, Democrats will gain some ground following the 2020 election, netting an additional seat after flipping seats in Colorado and Arizona. Democrats lost a seat in Alabama as Democrat Doug Jones lost to Republican and former college football coach Tommy Tuberville. 1773

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

Deputy Attorney General Rod Rosenstein continues to oversee special counsel Robert Mueller's investigation after consulting with a career ethics adviser at the Justice Department about his ability to oversee the Russia probe, a source familiar with the matter tells CNN.For nearly a year, legal experts and journalists have questioned why Rosenstein has not stepped aside from overseeing Mueller's investigation given that he was part of the dramatic firing of FBI Director James Comey. That fact has more recently served as ammunition to attack Rosenstein's credibility by allies of President Donald Trump.But CNN has now learned that Rosenstein has consulted with the ethics adviser over the course of the investigation on whether he needs to recuse himself, and he has followed that individual's advice -- a fact which has not been previously reported and offers a more fulsome explanation for how he has continued to oversee Mueller's work. The source did not specify the number of conversations, timing, or the details of the advice. 1046

DESCANSO, Calif. (KGTV and CNS) -- Authorities Sunday released the identities of the two men killed when a small plane crashed in rough terrain in East County.77-year-old David Alan Derby, a commercial pilot from Santee, and 36-year-old Ryan Michael Willis of San Diego, were found early Thursday morning after their plane didn’t return on schedule.The two took off from Gillespie Field Wednesday evening in a 1682G Champion 7KCAB certified aircraft. When the single-engine plane didn’t report back, a search ensued, leading investigators to find a possible crash site after observing a steep descent on radar.RELATED: Wreckage of missing plane with two people on board found in East CountyA helicopter was able to locate the plane near Descanso, roughly 17 miles northeast of Gillespie Field.Derby and Willis were both determined to have died in the crash.Derby held his pilot’s license since 2003, according to the FAA. The plane was registered to Derby’s company, Three Point Partners Inc. 1000

Demonstrators in Sacramento marched Friday to California's Capitol during a second day of protests over the police-involved shooting death of Stephon Clark, an unarmed black man.The crowd walked about a mile from the city's Tower Bridge to the steps of the seat of state government.They chanted "Black lives matter" and called out Clark's name. One of the march leaders told people to hold up their cellphones; police have said Clark had an object in his hand, but no weapon was found."It's just a cellphone," the man yelled out. "I don't know how the hell it looks like a gun to anybody else."The shooting incident began Sunday after 9 p.m., when Sacramento officers responded to a report that a man had broken car windows and was hiding in a backyard. They pursued a man identified as Clark, who hopped a fence into his grandmother's property. 853

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