Estate of Elijah Javon McClain et al v. City of Aurora, Colorado

Denver, Colorado personal injury wrongful death lawyers represented the Plaintiffs who sued the Defendants on civil rights violation theories.



This lawsuit arises out of the death of Elijah McClain, a young African American man who, it is undisputed, was not violating any laws when he was walking alone and was approached by Aurora Police officers on August 24, 2019. After being confronted by and struggling with Aurora police officers, and the subsequent involvement of Aurora paramedics who injected Mr. McClain with a dose of the sedative ketamine, Mr. McClain lost consciousness, dying a few days later.



Plaintiffs have sued the City of Aurora, Colorado and the individual police officers and paramedics involved on a number of federal and state grounds including, use of excessive force in violation of the Mr. McClain's Constitutional rights, denial of equal protection under the Fourteenth Amendment, violation of substantive due process rights under the Fourteenth Amendment, battery, and state law negligence.



At the request of the Parties, on February 2, 2021, the Court stayed any response to the Amended Complaint, the designation of any non-parties at fault, and vacated all deadlines in the case. With the exception of the initial written discovery requests, it was anticipated that no side would engage in any additional formal discovery. All this was done based on representations that the Parties intended to engage in good faith settlement efforts via the involvement of an out-of-state mediator. The mediation was originally scheduled for April 2021, but has now been rescheduled for June 10 and 24, 2021.

10/15/2022 143 TRANSCRIPT of Status Conference held on November 19, 2021 before Magistrate Judge Neureiter. Pages: 1-38.

NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 10/15/2022)

10/15/2022 144 TRANSCRIPT of Status Conference held on January 4, 2022 before Magistrate Judge Neureiter. Pages: 1-28.

NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 10/15/2022)

10/15/2022 145 TRANSCRIPT of Telephone Status Conference held on January 25, 2022 before Magistrate Judge Crews. Pages: 1-19.

NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 10/15/2022)

Settled for a reported $15 million.