HOUSTON – An area nightclub has been hit with a lawsuit alleging men posing as security guards violently attacked two brothers nearly two years ago.
Seeking up to $1 million in damages, Jose and Gustavo Amaya filed suit against Illimani LLC (Club Nuestra Raza) on May 31 in Harris County District Court.
According to the lawsuit, on Sept. 10, 2018, Jose and Gustavo went to Club Nuestra Raza. Upon entering, a female working the door patted Jose down and yanked on his arm. He asked her “why do you have to be so rough” and another male employee yelled at him “man just get the fuck inside.” Gustavo was patted down without incident.
The brothers found a table and Jose left to go to the ATM. Gustavo left to go to the restroom and was followed. Two men, who were employees of the club, stared at him in an intimidating manor. When he attempted to move tables, the men followed him again. Gustavo asked why they were following him and one responded “Ain’t nobody fucking following you, what’s your fucking problem?”
Gustavo said he didn’t have a problem in response and then the employee punched him in the throat as the other employee swung him to the ground.
“One of the employees put their knees on his back and his arms were stretched out on the ground while one of the other employees chocked him from behind,” the suit states. “After returning from the ATM, Jose saw a group of men attacking his brother. He heard his brother tell them ‘I can’t breathe, I’m not going to fight, let me up, I can’t breathe.’”
When Jose attempted to get the men off his brother, they turned and attacked him.
The employees were posing as security guards. However, their uniforms were from a company that had not been in existence since November 2015.
Club employees called the police and the brothers were charged with the felony offense of assault on a security guard. The case was dismissed when prosecutors learned that the men were not actually security guards.
The brothers are suing for actual, exemplary and punitive damages, plus damages for their mental anguish and loss of peace of mind.
Houston attorney Jan Fry represents them.
Case No. 2020-32558