Dustin and Veronica Curley filed the lawsuit against Top Deck on Wednesday. The lawsuit alleges that Top Deck violates the New Mexico Human Rights Act by employing bouncers who have a propensity to violently assault Native Americans.
The lawsuit stems from a St. Patrick's Day assault that left a Navajo man with permanent injuries.
Dustin Curley, his brother Justin Curley and several friends went to Top Deck on St. Patrick's Day on March 17, 2012. While they were leaving the bar at 1:30 a.m., Justin Curley got into a heated discussion about military service with Jeffrey Kelly, another man who was at the bar.
Dustin Curley said he was trying to break up the non-physical argument when he was attacked by Tyler Black, who worked as a bouncer for the bar, according to court documents.
Dustin Curley was punched in the face and fell to ground and started convulsing. Justin Curley was also kicked in the face by a bouncer, according to court documents.
Dustin Curley was taken to San Juan Regional Medical and then flown to the University of New Mexico Hospital in Albuquerque where he was treated for a broken nasal bone and severe injuries to his right eye.
He has lost most of the vision in his right eye.
Black was charged with felony aggravated battery in the incident.
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