FARMINGTON — The Navajo family suing The Top Deck in connection with a drunken brawl on St. Patrick's Day two years ago they say was racially motivated has leveled more allegations against the night club.
An amended complaint against Top Deck states the club has racist policies for dealing with patrons. It states the club's bouncers have three rules: No kicking in the head or slamming anyone's head on the ground, don't call police and don't let the club become 'the next Indian bar,' according to court documents.
Messages left at Top Deck seeking comment for this story had not been returned by late Friday afternoon.
Dustin Curley and his wife Veronica, and Justin Curley, Dustin's brother, filed a lawsuit against Top Deck in November 2012 after Dustin was seriously injured while leaving the bar.
Their lawsuit said that Tyler Black, who was a bouncer for the club, started a fight with Dustin Curley and pushed him and punched him. Then, the lawsuit alleges, Matt Douglas, the club's manager, punched Justin Curley in the face.
The amended complaint says that Drew Jackson, another bouncer, kicked Dustin Curley in the face with steel toed boots.
Dustin Curley had a nasal bone fracture and severe injuries to his right eye. He needed several surgeries and has permanently lost most of the vision in his injured eye, according to court documents.
The defendants in the lawsuit — Black, Jackson, Matt Douglas, Susan Douglas, the owner of the club, and Dustin Jacobs, another bouncer — denied and demanded proof of the allegations in a response to the original lawsuit filed in district court in 2012. The response also included a counter suit against the Curley family for damaging their reputations for publicizing the lawsuit.
The defendants haven't responded to the amended complaint, according to court records.
The Curley's amended complaint accused Matt Douglas of letting Jackson, who was intoxicated, sneak back into the club after the fight so he wouldn't be arrested. The amended lawsuit also says Top Deck employees destroyed surveillance footage of the assault.
Black was charged with felony aggravated battery in connection to the attack on Dustin Curley. He pleaded guilty to a misdemeanor battery charge and served time on probation, according to a state court website.
The amended complaint states bouncers have a propensity for violence against Native Americans, who club employees refer to as "Yabers" and "TROGs," which stands for "Total Reliance on Government," according to the complaint.
The complaint also accused owner Douglas of not providing employees with any training on how de-escalate violent situations and how to use physical force in a safe manner.
It also states that Top Deck has no commercial liability insurance.
The lawsuit lists allegations that include the batteries against Dustin and Justin Curley — a New Mexico Human Rights Act violation — failure to protect patrons, negligent hiring and training, intentional infliction of emotional distress, destroying evidence, negligence for not having insurance, and a loss of consortium between Dustin and Veronica Curley because of his injuries.
Ryan Boetel covers crime for The Daily Times. He can be reached at 505-564-4644 and firstname.lastname@example.org. Follow him on Twitter @rboetel on Twitter.