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Wrongful death lawsuit filed against company that runs Aurora ICE detention facility

Attorneys for Calero Mendoza's family held a news conference on Tuesday. Attorney Aaron Slade stated Mendoza's death could have been prevented.

AURORA, Colo. — The family of a man found dead inside the Aurora ICE detention facility have filed a wrongful death lawsuit. Melvin Calero Mendoza died in the facility in 2022. He was 39 years old. 

Attorneys for Calero Mendoza's family held a news conference on Tuesday. Attorney Aaron Slade stated Calero Mendoza's death could have been prevented. 

"Melvin should still be alive today," Slade continued. "There’s absolutely no reason he should have died." 

Melvin Calero Mendoza injured one of his toes while playing soccer at the ICE detention center in Aurora in the summer of 2022. After weeks of his foot and leg swelling, he collapsed in the facility's kitchen and died on Oct. 13 of last year. An autopsy report, stated Calero Mendoza died of a blood clot likely connected to a foot injury. 

Credit: Melvin Calero Mendoza
Melvin Calero Mendoza died in the facility in 2022. He was 39-years-old.

"Melvin died because the medical staff here failed to diagnose and detect a dangerous blood clot in his right leg," Slade added. "Melvin requested to see a doctor three times in the weeks leading up to his death, complaining consistently of unbearable pain in his right leg." 

Slade filed a wrongful death lawsuit on behalf of Calero Mendoza's family. The lawsuit names The GEO Group, the private corporation that runs the federal facility, as well as a doctor that works at the facility. 

"This was very inevitable, this was preventable at every level," said Luis Cortez Romero, another attorney on the case. "Because of that medical neglect and because the staff was not prepared to handle the needs of the individuals here, that ultimately led to his death."

Calero Mendoza's caught the attention of issue advocacy groups like the Rocky Mountain Immigrant Advocacy Network (RMIAN), and Professor Elizabeth Jordan a law professor and immigration attorney. 

Jordan believes there is a systematic problem within the facility and wants the state to investigate it. 

"Melvin should be here with us today," Jordan said. "We cannot ignore that this is happening here in our backyard and that Colorado medical professionals are alleged to have contributed to this death it's unacceptable." 

Credit: Melvin Calero Mendoza

Jordan isn't alone in her thinking. Calero Mendoza's family wants to keep this from happening again. Attorneys said Calero Mendoza's children live out of the country but want to hold individuals accountable for their father's death. 

"I can’t begin to imagine what it was like for Melvin’s children to lose their father. He was only 39 years old when he died," Slade said. "Melvin’s two children who are currently aged 17 and 9, they still cannot accept or cope the loss of their father. They don’t understand why he died." 

9NEWS did reach out to the Colorado Department of Regulatory Agencies (DORA) regarding the call for an investigation into the facility and received the following response:

"The Colorado Medical Board licenses and regulates individuals and does not have jurisdiction over medical facilities, or detention centers. Complaint information can be submitted to the Board in a number of ways that would prompt a case, investigation, or disciplinary proceeding and is subject to specific statutory scope of practice criteria. The Board may also initiate action against a licensee without a public complaint should it become aware of information that may indicate a violation of the Medical Practice Act has occurred.

Complaints are reviewed on an individual basis relative to information received and any possible discipline would be determined on a case-by-case basis by the Board. In order for the Board to take action against a licensee, it must find a violation of the practice act, or evidence that the person is an immediate substantial danger to the health, safety, welfare of the public, pursuant to Section 24-04-104, Colorado Revised Statutes. 

Pursuant to Colorado law, information regarding any complaint to the Board that may have been received would be confidential and unavailable for public inspection. If disciplinary action is taken by the Board, then information regarding a complaint may be incorporated into a public document open for inspection by the public."

9NEWS also reached out The GEO Group for comment on the lawsuit but have yet to hear back.

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