In February, Mari Newman, a civil rights attorney who represents Elijah McClain's family, notified the city of Aurora, Colorado that she planned to sue, as reported by Fox21 News.

A lawsuit has now been placed against the city following the death of 23-year old Elijah McClain last year. McClain died following an altercation with three Aurora police officers when a neighbor complained about a 'suspicious person'.

McClain was walking home from a convenience store with an iced tea when the altercation took place which lead to a choke hold and sedation by ketamine, commonly known as a horse tranquilizer.

McClain's likeness has been recreated all over the internet with artwork in support of his justice, including a mural in downtown Denver.

According to Fox21 News, Newman sent a letter to the city of Aurora back in February, “The letter we sent to Aurora…is the first step in the formal litigation process,” said Newman.

“There was no reason to inflict any force on him at all, much less than 15 minutes of torture that was inflicted on him,” said Newman.

The filing also states, “Aurora’s custom, policy, and practice of unconstitutional racist brutality is reflected in its recent conduct as well. The City of Aurora refuses even basic accountability, having failed to fire or even discipline anyone in relation to Elijah’s death. Instead, the City has acted aggressively to lash out at and deflect those who insist on justice for Elijah. “

These are McClain's last words: Watch the full three-hour body cam footage here.

“I can’t breathe. I can’t breathe please. I can’t. I can’t breathe. I can’t breathe, please
stop. [Groans of pain]. I have my ID right here. I have my ID right (inaudible). My
name is Elijah McClain. That’s all. That’s what I was doing. I was just going home.
I’m an introvert and I’m different. [Sobbing]. I just (inaudible). I’m just different.
I’m just different, that’s all. That’s all I was doing. I’m so sorry. I have no gun. I
don’t do that stuff. I don’t do any fighting. Why were you attacking me? I don’t do
guns. I don’t even kill flies. I don’t eat meat…. I am [ ] a vegetarian. I don’t judge
people for anything. I try to live (inaudible), and I respect all life. Forgive me. All
I was trying to do was become better…. But I’ll do it. I’ll do it. …. To help all life.
I will do (inaudible). Even if I have to sacrifice my identity. I’ll do it. I’ll do it. You
all are phenomenal. You are beautiful. [Groans of pain]. Forgive me. …. [Cry of
pain]. I’m so sorry. I’m so sorry. Ow. Ow, that really hurt. You guys are very strong.
Teamwork makes the dream work. [Sobbing]. Ow that hurts. (Multiple very quiet,
inaudible statements). Oh yeah I’m sorry. I wasn’t trying to do that. I can’t breathe
correctly because— [Vomiting] …. Ok, ok…I can’t sense myself. Ow! Ah! Ow!
Stop please!… I’m trying…. Please help me.”

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