AURORA, Colo. (KDVR) — FOX31 has confirmed with various sources that the City of Aurora will settle a federal lawsuit with the family of Elijah McClain for $15 million.
Details of the settlement have not been made public, as the family is still working out details about how the funds will be divided.
FOX31 first learned about the settlement on Oct. 18.
“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.
McClain died in 2019 after police confronted him while he was walking home and wearing a mask. He was also injected by paramedics with the sedative ketamine. He died following the altercation.
Each of the police officers who confronted McClain before his death in August 2019 and the medics who sedated him with ketamine is facing manslaughter and criminally negligent homicide charges.
The lawsuit, filed in August 2020, names as defendants the city and multiple police officers and fire personnel who were present at the scene prior to McClain’s death.
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.
“Ms. McClain would like to thank the community for its incredible support, love, and commitment to ensuring that Elijah’s death would lead to meaningful reform,” an attorney for Elijah’s mother, Sheneen McClain, said in a statement. “Ms. McClain raised Elijah as a single mother and his death has left an enormous void in her life. While nothing will fill that void, Ms. McClain is hopeful that badly needed reforms to the Aurora Police Department will spare other parents the same heartache,”