AURORA, Colo. (CBS4) – A lawsuit filed by a former Aurora police officer in connection to the Elijah McClain case has been dismissed. Former Officer Jason Rosenblatt was fired for his involvement with a photo mocking McClain’s death.

(courtesy: Aurora Police)

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The photo, taken near the memorial for McClain, shows three officers re-enacting a chokehold used on McClain.

Months earlier, after a confrontation with police, McClain was placed in a chokehold and tackled to the ground. Eventually, he was given ketamine, a sedative, by an Aurora Fire Department paramedic. He died days later, on Aug. 30, 2019.

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(credit: CBS)

Rosenblatt was not in the photo but responded with a text “Ha Ha” when he was sent the image. Rosenblatt filed a lawsuit after he was fired. He claimed he was denied the right to an independent review.

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A judge dismissed the lawsuit last week.

Jennifer McRae