HOUSTON, Texas (KTRK) -- The family of a man who is currently in critical condition after being shot on Memorial Day at Houston nightclub Clé in Midtown has filed a lawsuit against the club's owner.
Kendall Stewart is being represented by attorneys over at Sorrels Law, who are suing Club 2301, LLC.
According to HPD Chief Troy Finner, at about 1:21 a.m. officers responded to a call at the club on 2301 Main, where multiple people were shot. Police say a Harris County deputy working an extra job witnessed the shooting and fatally shot an armed suspect. Three other patrons, including Stewart, were shot.
Stewart is still at Memorial Hermann recovering from a gunshot wound to the head, according to his attorneys.
He has two children, ages 6 and 8. The family is seeking a temporary restraining order securing all video footage and evidence from the nightclub for May 30 and 31.
"Recent history from Clé nightclub reveals a pattern of concerning activity. The reports are troubling, and we hope to secure the video and witness statements through a temporary restraining order," said Randy Sorrels, one of the attorneys representing Stewart. "We will investigate the club's history in the hiring, vetting and training of the bouncers and security personnel. Also, we will look at the security policies and procedures employed by Clé to determine what level of security was provided."
Sorrels recently represented the son and godson of former Houston Astros players Roger Clemens and Mike Capel against Concrete Cowboy and secured a $3.24 million jury verdict when the two young men were assaulted.
The Texas Alcoholic Beverage Commission has suspended the alcohol license of the nightclub.
In a statement issued on Monday, TABC said it has issued a seven-day suspension of the club's license to sell alcohol.
"TABC has issued a summary seven-day suspension of Cle's license to sell alcohol following the incident Monday morning. The agency was notified of the shooting early Monday and immediately began an investigation, which remains underway. Once the seven-day summary suspension has ended, the club can resume operations pending the results of the investigation," the TABC wrote.
As the investigation continues, police are asking that anyone with information call HPD's special investigations unit at 713-308-3600.
The video above is from a previous reporting.