“The unconstitutional behavior of Aurora on the night of August 24, 2019, is part of a larger measure, policy and practice of racism and brutality, as reflected by her attitude and behavior both before and after her murder of Elijah McClain, a young Black man, “the trial says.
McClain, 23, was stopped by three White officers last August when he walked home from a nearby convenience store. After McClain resisted officer contact, a fight broke out, and an officer placed McClain in a carotid hold – as a chokehold – and he briefly lost consciousness, according to an overview of the incident provided by police earlier this year.
McClain began fighting again, once he was released from the grip, the report said. When paramedics arrived, they were administering the drug ketamine to calm McClain, the report said. McClain suffered a heart attack while in the ambulance and was pronounced brain dead three days later, the district attorney said in a letter.
The officers were placed on administrative leave after McClain’s death, but were later reinstated after prosecutors refused to save charges. In June, Gov. Jared Polis responded to public outcry by announcing that his administration was re-examining the case.
The lawsuit also lists several members of the Aurora Police Department and Aurora Fire Rescue as suspects.
On submission, nine claims of relief were mentioned, including excessive force; refusal of equal protection; failure of basic safety and providing adequate medical care and treatment; substantive due process – release from liberty – compulsory administration of medication; battery causing unauthorized death; and negligence causing unlawful death.
“We have filed this civil rights lawsuit to seek justice for Elijah McClain, to hold Aurora officials, police and paramedics accountable for his murder, and to force the City of Aurora to end the long-standing pattern of brutal and racist policing. to change, ”McClain family lawyer Mari Newman said in a press release announcing the filing.
When reached for comment, a Aurora City spokeswoman said they were not served and could not comment on the submission until they had time to check it.
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