Colorado Politics

Family of Elijah McClain files federal wrongful death lawsuit

The family of 23-year-old Elijah McClain filed a 106-page civil lawsuit in federal court Tuesday against the city of Aurora and 15 other defendants, including Aurora police officers, a paramedic and the medical director of Aurora Fire Rescue. 

McClain died after a police stop on Aug. 24, 2019, after a 911 call which reported him as suspicious. McClain was walking home from a convenience store wearing a full face mask.

During the stop, McClain got involved in a struggle and was held in a now-banned carotid hold before he was handcuffed. He was then given a dose of ketamine by Aurora Fire Rescue Paramedics “well beyond what a man Elijah’s size should receive,” according to the lawsuit.

The lawsuit continues to say “the administration of ketamine was done with ‘reckless or callous disregard of, or indifference to, the rights and safety of Mr. McClain and others.’”

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McClain’s autopsy found the manner and cause of death were undetermined.

Attorney Mari Newman, who filed the lawsuit on behalf of McClain’s parents, Sheneen McClain and LaWayne Moseley, told Colorado Politics, “We’re coming up on the one-year anniversary. It’s high time for Aurora to be held accountable for killing an innocent young man.” 

The family filed nine claims including excessive force, wrongful death based on negligence and battery, and failure to ensure basic safety and provide adequate medical care and treatment. 

The lawsuit does not specify the amount of money being asked, as Colorado law does not require damages to be listed in a federal complaint.

“The money we are asking is nowhere near enough,” Newman said. “Nothing at all has happened to the vast majority of the involved officers in killing Elijah.” 

Aurora Police Officers Kyle Dietrich, Erica Marrero and Jason Rosenblatt were fired last month after an investigation into a photo taken at the Elijah McClain memorial which was then sent out to other officers. 

On Aug. 3, Aurora city leaders named Vanessa Wilsonto head up the department. Wilson had been interim chief since January. 

“I’m hopeful that the new chief will prove able to change the culture but I’ll believe it when I see it,” Newman told Colorado Politics. “Her actions have been a mixed bag. … She appropriately fired the officers that re-enacted the murder of Elijah.” 

Aurora city spokesperson Michael Bryant said leaders are looking through the lawsuit and will not have a comment until there has been a complete review. Aurora police and the fire department did not immediately return a call seeking comment. 

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