AURORA, Colo. (KDVR) – The City of Aurora has reached a settlement agreement in the federal lawsuit filed by the family of Elijah McClain, who died in 2019 after Aurora police officers physically confronted him and after paramedics sedated him with ketamine while he was walking home.
“The City of Aurora and the family of Elijah McClain reached a settlement agreement in principle over the summer to resolve the lawsuit filed after his tragic death in August 2019,” said Ryan Luby, the city’s deputy director of communications and marketing.
“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,” Luby said.
“Sheneen McClain confirms that a settlement in principle has been reached with the city of Aurora resolving all claims raised in her federal civil rights lawsuit,” said Qusair Mohamedbhai, an attorney representing Sheneen McClain, Elijah’s mother.
He told the Problem Solvers the court would determine how to allocate the proceeds between McClain’s biological parents.
Mari Newman, who represents Elijah’s father, LaWayne Mosley, also confirmed the settlement.
She said Mosley is “hopeful” that the settlement and the pending criminal charges “will allow his family and the community to begin to heal.”
Each of the police officers who confronted McClain before his death in August 2019 and the medics who sedated him with ketamine are facing manslaughter and criminally negligent homicide charges.
The lawsuit, filed in August 2020, names the city and multiple police officers and fire personnel who were present at the scene prior to McClain’s death as defendants.
However, recent court records suggest some names may be removed from the suit.
According to the courtroom minutes, “The parties shall file a Motion as described during the hearing, which would involve payment by the city of a sum certain to the registry of the court, the dismissal of the individual defendants, and the release of the city, along with the proposed order, by October 29, 2021.”
A status conference is set for Nov. 19.