FOX31 Denver

Attorney says Aurora settles for $750K in lawsuit in Elijah McClain protest

AURORA, Colo. (KDVR) — A class action lawsuit filed in July of 2020 against the City of Aurora and several other individual officers and leaders due to heavy police response during a demonstration in honor of Elijah McClain’s life has been settled.

Attorneys with Killmer, Lane & Newman, LLP said the City of Aurora settled the case for $750,000 with the five plaintiffs they represented in the lawsuit.

“The lawsuit was based on the police brutality unleashed on those who gathered for the peaceful violin vigil in memory of Elijah McClain, which violated their Constitutional rights,” Attorney Andy McNulty with Killmer, Lane & Newman, LLP explained to FOX31.

In 2020, one of the plaintiffs, Thomas Mayes, said the main thing that disturbed him at the scene of the McClain vigil was that people were not given enough time to disperse from the scene and some people didn’t even hear the announcement to move away from the area. “Within less than five minutes (police) fired what they say now is just smoke…and pepper spray,” Mayes said.

At the time, former Aurora Police Chief Vanessa Wilson said during the demonstration about 50 people tried to provoke police, tearing down barriers that surrounded the department, and throwing rocks and water bottles.

Aurora police released some of the body camera footage following the incident.

We reached out to the City of Aurora for a statement following the settlement and are waiting to hear back.