Aurora Police targeted in federal civil rights lawsuit

ELIJAH MCCLAIN’S FAMILY IS LOOKING FOR JUSTICE

Newsroom El Comercio de Colorado

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Elijah McClain’s family is looking to sue the City of Aurora over McClain’s death. Attorney Mari Newman of Killmer, Lane & Newman LLP, who represents McClain’s family, says, “I don’t have a timeline yet, but we continue to investigate the case. After that, we’ll start drafting a federal civil-rights lawsuit.” Newman indicates that she will analyze the video released by the Aurora Police Department concerning McClain’s arrest. Newman also reacted to a decision made by Dave Young, 17th Judicial District Attorney. 

Young could not find indisputable evidence that Aurora officers used “unjustified” force when confronting McClain, 23. “Based on the investigation presented and the applicable Colorado law, there is no reasonable likelihood of success of proving any state crimes beyond a reasonable doubt at trial,” Young wrote. “We are disappointed, but not surprised that once again, members of law enforcement will not be held criminally accountable for killing an unarmed black man,” says Newman. 

The facts 

On Aug. 24, police received a call about a person wearing a ski mask and waving his arms as he walked down the street. Officers said McClain refused to stop and fought back when they tried to take him into custody. He suffered cardiac arrest on the way to the hospital and was declared brain dead. Police body camera footage released shows McClain telling officers: “Let go of me. I am an introvert. Please respect the boundaries that I am speaking.”

According to Young’s report, officers said they took McClain to the ground when he tried to grab one of their holstered guns. One of the officers then put him in a specialized control hold, pressing against his carotid artery. McClain repeatedly tells officers, “I’m just different” while sobbing. While he was being restrained by police, an Aurora Fire Rescue medic also administered ketamine to try to sedate him. 

Independent monitor 

A forensic pathologist working for the Adams County coroner’s office could not determine exactly what led to McClain’s death but said physical exertion during the confrontation likely contributed. “If Aurora thinks this is appropriate policing, the community should be petrified,” said Newman. She maintains that the Colorado Legislative Assembly should approve a bill to create a state office to investigate police shootings in an independent manner.