The family of a 21-year-old California man shot and killed outside the Blue Flame Lounge earlier this year has filed a wrongful death lawsuit against the Atlanta strip club.
The complaint, filed Wednesday by the father of DiShawn Herndon, alleges the nightclub failed to provide adequate security for its guests leading up to the Jan. 26 killing.
“The tragic shooting incident and catastrophic injury and death of (Herndon) should not have come as a surprise,” attorneys wrote in last week’s filing. “According to incident logs held by law enforcement, a significant number of crimes were committed either on the premises of the Blue Flame ... or in the immediate vicinity.”
Authorities said Herndon was killed in the parking lot of the Harwell Road nightclub just before 1 a.m. when an argument that began inside escalated to gunfire.
Credit: Contributed
Credit: Contributed
Within 48 hours, Atlanta police publicly identified 25-year-old Dedric Howard as the suspect. He was arrested on Feb. 23 and charged with murder, online jail records show.
Atlanta officials have started cracking down on certain nightclubs following a deadly wave of overnight shootings. Last month, attorneys for the city moved to have Encore Hookah Lounge shuttered following a spate of shootings there that left at least three people dead over the past two years.
The complaint alleges that Encore Hookah Bar & Bistro “attracts an influx of criminal activity” to the downtown area and asked a judge to grant an injunction declaring the property a “public nuisance.”
During his first State of the City address Monday morning, Atlanta Mayor Andre Dickens also announced the creation of a new “Nightlife Division” within his office that focuses on bars and clubs with a history of crime.
Herndon’s January killing marked the fourth shooting that week at an Atlanta nightclub.
Blue Flame, which hails itself as “the first Black adult entertainment club in Atlanta,” has been in business nearly four decades, according to its website. An employee at the lounge declined to comment on the lawsuit when reached by phone Monday afternoon.
Credit: JOHN SPINK / AJC
Credit: JOHN SPINK / AJC
Attorney Thomas Reynolds, who represents Herndon’s family, said venue owners have a duty to keep their customers safe.
“When you know you have a problem with violent crime and shootings are occurring over and over and over again, you have to figure out how to fix that problem,” Reynolds wrote in an email. “When you don’t invest the necessary time and resources to stop the violence people get hurt and lives are lost. We simply can’t allow this to continue unchecked.”
The wrongful death lawsuit filed against Blue Flame requests the lounge pay enough in punitive damages “to deter the defendant from such conduct in the future.” Herndon’s family is also seeking money for funeral expenses, attorney’s fees, pain and suffering and the “full value” of the 21-year-old’s life.
About the Author
