Town of Aurora requests the choose to dismiss the case of the unjust demise of Elijah McClain
The city of Aurora, paramedics and officials listed as defendants in an Elijah McClain death have asked a federal judge to dismiss the case.
The motion to dismiss the case was filed in the U.S. District Court in Colorado on Sunday.
Among other things, the defendants assert in the motion for dismissal that there is no underlying constitutional violation and that the complaint does not adequately assert facts in support of municipal liability.
Elijah McClain’s family lawyer filed the federal civil law suit back in August. The 106-page lawsuit alleges that Aurora customs and policies resulted in Aurora Police Department officers and Aurora Fire Rescue paramedics violating McClain’s constitutional rights, resulting in his death. The autopsy revealed that its nature and cause of death were unknown.
The city alleges in the motion that the complaint “contains only conclusive allegations regarding the alleged failure to attend training. It does not point to a specific deficiency in the city’s “overall education” but asserts facts that may indicate “deficiencies in the training and supervision of individual officials”.
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