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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 (AP) — The North American Aerospace Defense Command used to monitor for signs of a nuclear attack. But this year, the command is making sure the coronavirus won’t sideline the fabled Santa Claus from delivering gifts around the world. This is the 65th year for the U.S.-Canadian operation that has tracked the jolly old man since a child mistakenly called the base asking to speak to Santa. Air Force Gen. Glen D. VanHerck says he's confident that Santa Claus knows how to stay safe. He says even a pandemic won't disrupt Santa’s schedule. VanHerck says he hopes that tracking Santa will bring happiness to families during an unprecedented holiday season. 670

DELAWARE COUNTY, Ind. -- A substitute bus driver in Lebanon, Indiana was fired last week after the district said she pulled over on the side of the interstate and allowed two strangers onto the bus to scold a child. The incident happened last Wednesday, on I-65 after a student was reportedly making lewd actions toward drivers. A driver then flagged down the bus and the bus driver allowed two people on to scold the student. The two people then got off the bus and back to their vehicles. The Superintendent of Lebanon Community Schools, Dr. Robert Taylor, calls the situation "unacceptable."The bus driver, who has not been named, was immediately fired.Dr. Taylor said she violated every protocol and procedure they have in place. "It's a matter of picking up the radio and instantaneously contacting somebody that could provide help," said Dr. Taylor. "That's exactly what should have been done."The district is working with local police to conduct a full investigation into the situation.   1043

DENVER – A 69-year-old retired bus driver sits in a Denver jail this Thanksgiving holiday awaiting extradition back to Indiana following his arrest Tuesday in connection with a 34-year-old case that Indiana officials told him he’d completed his sentence for more than three decades ago – a situation that a Denver attorney says reminds him of the Jim Crow era of America.“I got a panicked, freaked-out phone call, as one would expect, from the family on Tuesday saying that they’ve just taken our grandfather who hasn’t had a brush with the law in more than three decades,” said Denver civil rights attorney Jason Flores-Williams, who is representing Theodell McGowan in the case.According to Flores-Williams, Denver Sheriff Department deputies showed up at McGowan’s home Tuesday as three generations of family members prepared for Thanksgiving and arrested him in front of his family.“It’s been terrible,” McGowan told KMGH from jail Friday. “I had planned to have Thanksgiving dinner with my daughter.”Deputies told McGowan and his family that they had a warrant for his arrest out of Gary, Indiana from 34 years ago for allegedly violating the terms of his sentence at the time.According to Flores-Williams, McGowan received an 18-month sentence at a halfway house in connection with a car theft. According to a writ of habeas corpus filed by Flores-Williams, McGowan was told at the time that he’d completed his sentence and could move out of the halfway house, which he did.“He was doing his time at a halfway house in which he would go to a job every day away from the halfway house, and somebody told him at the halfway house that he had done his time,” Flores-Williams said. “He had paid his debt to society and so that he could leave, so this is technical.”McGowan has spent the past 30-plus years in Colorado, where he worked as an RTD bus driver and bus driver for Denver Public Schools for 20 years before retiring. He regularly attends the New Beginnings Church in Aurora, Colorado.McGowan said Friday that he went through multiple background checks for his jobs as well as a Secret Service background check when he drove buses during the 2008 Democratic National Convention in Denver and the warrant never showed up.“I did the most extensive background check you can do … this ain’t ever come up,” McGowan said.Flores-Williams says that someone in Indiana doing paperwork issued the warrant despite what McGowan says he was told decades ago and living a life free of criminal charges since then.“Somehow, someway, somebody – without thinking – in Indiana saw this technicality and issued a warrant for his arrest, which Denver had no choice but to comply with,” Flores-Williams said.After McGowan was arrested Tuesday, according to Flores-Williams, Denver sheriff’s deputies forced McGowan to sign a waiver of extradition without allowing him to consult with attorneys or his family. Flores-Williams says that McGowan was not allowed to retrieve his dental plate before he was brought to jail and that he has had a hard time eating without it.“I led a stable life, paid for a house, bought a new car … I had a stable life and all of a sudden this comes up from 30-some years ago and they say I owe them eight or nine more months,” McGowan said. “It’s totally unfair to me because it’s a risk to me losing everything I’ve accumulated in the last 30 years.”Now, Flores-Williams says that prosecutors in both Denver and Indiana say they are unsure what to do with the case. He says the writ of habeas corpus filed Friday in U.S. District Court of Colorado was denied because Denver does not have a case.“The Denver courts – their hands are tied. I’ve spoken with the Denver district attorney and friends there, and they don’t even have a case for the guy,” Flores-Williams said. “I’ve called Indiana. The DA in Gary, Indiana isn’t even aware of the case, so this really comes down to somebody in some office not thinking about the consequences of their actions.”Flores-Williams says that he’s been trying to convince officials there is a “more humane way” to handle the situation “rather than wasting the resources, and all the time and energy” of putting McGowan behind bars.“It’s completely inhumane, and at the end of the day what it really is, is a miscarriage of justice,” Flores-Williams said. “We as a society have no interest in seeing this man, who’s been an asset to his community, behind bars right now.”McGowan said he doesn’t think he’s being treated fairly but said he would do what officials are telling him to do if it’s necessary.“There should be a benefit to turning your life around and trying to do the right thing and becoming a productive, taxpaying citizen. My life is totally different,” he said. “If I really gotta do it, I wish they would let me do it in Colorado around my family because I’m not connecting to Indiana in no kind of way no more.”And after having big Thanksgiving plans earlier in the week, McGowan said Friday he didn’t eat on his Thanksgiving spent in jail because he has “no appetite for the kind of food they serve up in here.” “I’m 70 years old. I’m too old for this,” he said.McGowan, who is a father, grandfather and great grandfather, says he feels embarrassed by the situation.“Embarrassed, and tired and old. But I’m also embarrassed because I think I’m disappointing my family because they look up to me as a role model,” he said. His fiancée, Helen Allen, called him a “very loving person” who is loved by both her and his children.Flores-Williams compares what he says is happening to McGowan to the Jim Crow era.“It reminds me of something out of the Jim Crow era, where there’d be some ridiculous charge, some ridiculous technicality, and because somebody decides to call in from Indiana, an older African-American gentleman’s life is basically ruined because he’s thrown behind bars,” he said.McGowan and Flores-Williams are still waiting to see what happens next. But McGowan said he feels that he is being penalized after doing everything he could to change the man he used to be over the past three decades.“What I want [people] to know is not really happening to me. I would like for them to know if you turn your life around and do all the right things, that should be recognized,” he said. “Not if you do the right thing, they reach way back in your past, constantly coming up with your past and using that to penalize you. I’m not no threat to the community. I’m not no threat to nobody.” 6483

DESCANSO (KGTV) -- A San Diego County couple is warning others after getting a flat tire from an unusual source. Pamela Jessup was running errands last Thursday morning when she says she started hearing a thumping noise while driving her Toyota RAV4 on SR-79 near Old Highway 80.Jessup says it was then that she pulled over and looked at her back tire. After not seeing anything wrong, she went on her way.The thumping, however, only intensified after she drove onto Interstate 8. When she drove home, Jessup says her husband Davis found a temporary lane marker stuck, nailed in to the tire.While doing their due diligence, the Descanso residents found dozens of temporary nail markers along the side of the road in the same area Jessup ran into issues.A local tire shop was able to fix the damage to the tire, but it cost the pair . Other residents in the area took to social media to complain similar events that happened to them in the same area.On Facebook, at least three others said they also got flat tires after driving through the area.From Tuesday through Friday, neighbors reported a road construction project that included restriping.On 10News at 5, we follow David Jessup as he makes the journey to the Caltrans subcontractor for answers and to give them back their lane markers. 1313