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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

DEHESA, Calif. (KGTV) - Cal Fire completed even more training this year, this time integrated with other agencies, sharpening their firefighting skills.Cal Fire sprang into action Wednesday, attacking the Vista Fire in Dehesa."I was shocked, so many helicopters, dropping off so many bodies, when you looked at the hill, gosh I don't think I'm exaggerating when I say there were 100 firefighters on that hill," neighbor Sherry German said.When the fire started, German's dog Joey let her know something was wrong. When she let him out, she heard the sirens coming, turned and saw the flames right next-door."I panicked when I saw the flames, I told my husband I'm out of here, I'm grabbing the dog, I'm grabbing my work and I'm out of here," German said.Some of the force fighting that fire took off from the Ramona Air Attack Base. On the tarmac perch two planes equipped to make retardant drops, a guide plane for the air buses, two tanks holding 50,000 gallons of retardant mixed with water, ready to go. They also have more than a dozen bags of red retardant powder, each weighing a ton.They used two and a half bags in the Vista Fire fight."This is the peak part of our season so we're definitely staffed up and ready to go, Cal Fire has a ton of resources," Public Information Officer Thomas Shoots said. He said the extra training integrated with other agencies is what strengthened their ability to respond instantaneously."We've been blessed with a couple weeks of marine layer and cooler weather but it is getting hotter it is getting drier," he said, concerned about the rest of the summer.German said she feels safe knowing how fast they respond, "the fact that it actually came close to a number of my neighbor's properties, in yet they were on it so fast that no property damage was done and really it was remarkable, I'm so grateful." 1857

DENVER – Federal law enforcement investigators said Tuesday evening that they have been reviewing the facts of the Elijah McClain case for a possible civil rights investigation and said they were aware of the latest photo allegations involving Aurora police officers and were gathering more information. 311

Despite devastating wildfires that ravaged the California's Wine Country, a leading advocacy group for California's wine producers said on Wednesday that wine production was not significantly impacted by the wildfires. The Wine Institute said that close to 90 percent of winegrapes had already been picked and produced from California's top three wine producing counties before the wildfires struck. "The vast majority of California's 2017 winegrape harvest was unaffected by the wildfires and the vintage promises to be of excellent quality," said Robert P. (Bobby) Koch, president and CEO of Wine Institute. "The outpouring of support locally and from around the world for people in the impacted communities has been phenomenal."Wine production in 2017 was boosted by an end to California's five-year drought. Rain, plus a mid-summer heat wave, made for good conditions to help produce winegrapes. Cooler weather in the fall caused winegrapes to ripen more slowly, lowering overall yield. The October wildfires killed 43, and caused at least billion in damage.  1129

December 1 is World AIDS Day, a day every year for the world to unite in the fight against the HIV epidemic, support those living with the disease and remember the hundreds of thousands who have died from it.“On 1 December WHO is calling on global leaders and citizens to rally for ‘global solidarity’ to maintain essential HIV services during COVID 19 and beyond - and to ensure continued provision of HIV services for children, adolescents and populations most at risk for the disease,” reads a public statement from the World Health Organization.“Protecting people from HIV during the pandemic, and ensuring they can maintain treatment, is critical. Researchers are currently investigating whether people with HIV have an increased risk of poor outcomes with COVID-19.”Meanwhile, in South Africa, which has been especially hard-hit by HIV/AIDS, health officials are hoping that new, long-acting drugs to help prevent HIV infection will be a turning point for the fight against a global health threat.South Africa has the biggest epidemic in the world with 7.7 million people living with HIV, according to UNAIDS.World AIDS Day was first observed in 1988. Every year since, organizations, scientists, patients and loved ones across the world encourage awareness to move toward ending the epidemic.About 1.2 million Americans are currently living with HIV, according to HIV.gov, a website managed by the US Department of Health and Human Services, and about 14 percent of those people living with it don’t know they have it and need testing.More than 37,000 new HIV infections were diagnosed in this country in 2018, according to the CDC, with the highest rates of new diagnoses happening in the South and among people aged 25-34.That year, there were more than 15,800 deaths among Americans who had been diagnosed with HIV.Men are still much more likely to contract the disease, about five times as many men had new diagnoses in 2018 as compared to women. According to CDC data, about two-thirds of new cases in 2018 resulted from male-to-male sexual contact with an infected person.About seven percent of new HIV infections in 2018 were the result of people injecting drugs using infected needles or equipment.The World Health Organization said they hope some of the lessons from the coronavirus pandemic can be applied to the HIV/AIDS epidemic to help “accelerate progress towards our new 2025 targets and … ending AIDS as a public health threat by 2030.” 2467