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Elijah McClain’s parents settle federal lawsuit with city of Aurora

The family of Elijah McClain has reached a settlement agreement in its federal lawsuit with the city of Aurora. McClain died in August 2019 after Aurora police physically confronted him, putting him in a chokehold and paramedics sedated him with ketamine. McClain, 23, was walking home from buying iced tea at a nearby convenience store. He never recovered and died on Aug. 30, 2019, in the hospital when his family took him off of life support.

Attorneys for McClain’s mother, Sheneen McClain, and his father, LaWayne Moseley, wouldn’t divulge the amount of the settlement, but they say it’s up to the courts to divide the money between his parents.

Moseley’s attorney Mari Newman told the Denver Gazette in a statement, “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.”

In a statement, Ryan Luby, deputy director of communications for the City of Aurora, confirmed the settlement, adding, “City leaders are prepared to sign the agreement as soon as the family members complete a separate but related allocation process to which the city is not a party. Until those issues are resolved and the agreement is in its final form, the parties cannot disclose the settlement terms. No amount was discussed in the recent telephonic court hearing.”

In August, two years after McClain’s death, a grand jury called by Colorado Attorney General Phil Weiser returned a 32-count indictment against officers and paramedics involved in McClain’s death with charges including manslaughter and criminally negligent homicide.

In this Wednesday, March 3, 2021, file photograph, Sheneen McClain, the mother of Elijah McClain, a young man who died after a stop by police in Aurora, Colo., and has spurred investigations of police practices while galvanizing calls for police reforms, is shown in the office of her attorney, Qusair Mohamedbhai, in Denver. Colorado Attorney General Phil Weiser announced on Wednesday, Sept. 1, 2021, that three police officers and two paramedics have been indicted after a grand jury investigation into the young man’s arrest just over two years ago in Aurora. ((AP Photo/David Zalubowski, File))
In this Wednesday, March 3, 2021, file photograph, Sheneen McClain, the mother of Elijah McClain, a young man who died after a stop by police in Aurora, Colo., and has spurred investigations of police practices while galvanizing calls for police reforms, is shown in the office of her attorney, Qusair Mohamedbhai, in Denver. Colorado Attorney General Phil Weiser announced on Wednesday, Sept. 1, 2021, that three police officers and two paramedics have been indicted after a grand jury investigation into the young man’s arrest just over two years ago in Aurora. ((AP Photo/David Zalubowski, File))
Elijah McClain is shown in a family photo. He died days later after a struggle with Aurora police on Aug. 24, 2019. (JoeyBunchjoey.bunch@coloradopolitics.comhttps://secure.gravatar.com/avatar/66505e98f9e3fed10e6a3b9a1fc4ca22?d=mm&r=g)
Elijah McClain is shown in a family photo. He died days later after a struggle with Aurora police on Aug. 24, 2019. ([email protected]://secure.gravatar.com/avatar/66505e98f9e3fed10e6a3b9a1fc4ca22?d=mm&r=g)
People march through the streets during the Drop the Charges march and rally Saturday, Sept. 26, 2020 in Denver. The Party for Socialism and Liberation organized the march after five anti-racist organizers were arrested on multiple charges pertaining to protests for Elijah McClain in Aurora this summer. (Michael Ciaglo/Special to The Denver Gazette) (Michael Ciaglo/Denver Gazette)
People march through the streets during the Drop the Charges march and rally Saturday, Sept. 26, 2020 in Denver. The Party for Socialism and Liberation organized the march after five anti-racist organizers were arrested on multiple charges pertaining to protests for Elijah McClain in Aurora this summer. (Michael Ciaglo/Special to The Denver Gazette) (Michael Ciaglo/Denver Gazette)
Elijah McClain is shown in a family photo. He died days later after a struggle with Aurora police on Aug. 24, 2019. (AP/file photo)
Elijah McClain is shown in a family photo. He died days later after a struggle with Aurora police on Aug. 24, 2019. (AP/file photo)


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