Family of Elijah McClain Reach Settlement With the City of Aurora, Colorado

Image: Facebook/Elijah McClain

Sheneen McClain, the mother of Elijah McClain, has settled her federal civil rights lawsuit against the city of Aurora, Colorado, CNN reports.

Qusair Mohamedbhai, Siddhartha H. Rathod, Loren M. Brown, and Daniel A. Wartell, who represent Sheneen, stated that “allocation of the proceeds” between Sheneen McClain and Elijah McClain’s father, Lawayne Mosley were being determined.

No additional details about the settlement have been made public.

“Nothing will bring back his son Elijah, who he loved dearly, but he is hopeful that this settlement with Aurora, and the criminal charges against the officers and medics who killed Elijah, will allow his family and the community to begin to heal,” Mosley’s attorney, Mari Newman, said in a statement.

According to the lawsuit against the city, three police officers, two paramedics, and the medical director of Aurora Fire Rescue violated McClain’s civil rights when he was placed in a chokehold during the confrontation and he was then injected with ketamine without his consent in August of 2019.

Dave Young, Adams County District Attorney, declined to bring criminal charges, citing a lack of evidence proving that the officers caused McClain’s death or that their force was unjustified. 

Last June, McClain’s case attracted a groundswell of attention after the police killings of George Floyd and Breanna Taylor led to mass protests and demonstrations across the county.  As a result of protests and a viral online petition last year, Gov. Jared Polis announced he would reopen the case and Weiser launched an independent investigation into McClain’s death in January.

As EBONY previously reported, a grand jury has indicted three police officers and two paramedics involved in the August 2019 death of Elijah McClain.  Each was indicted on charges of manslaughter and criminally negligent homicide as part of a 32-count indictment.

Following McClain’s death, the Colorado Attorney General’s Office opened a 14-month investigation into the Aurora fire and police departments. The investigation found the police department were routinely racially biased in their policing, used excessive force, and failed to record legally required information when interacting with the community.

Additionally, the report revealed the fire department frequently administered ketamine illegally.

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