ATLANTA — Elleven45 Lounge in Buckhead is facing more legal action following a deadly shooting last month.
The parents of 21-year-old Mariam “Mari” Creighton are seeking compensation for her death at the nightclub on May 12.
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On Tuesday, Juan Umberto Creighton and Tracey Eason filed a complaint on Tuesday in Fulton County court related to the death of their daughter, with the lawsuit claiming wrongful death and seeking compensatory damages.
The lawsuit stated in part, “the Defendants’ actions, or lack thereof, whether individually or concurrently, caused a series of events which led to the catastrophic injuries and untimely death of Mariam Creighton.”
According to Atlanta police, Creighton, an Albany State University student-athlete, was killed at Elleven45 when a gunman started shooting during a fight inside the club.
It happened around 2:30 a.m.
During the overnight hours into Thursday, according to sources, a suspect was arrested in connection to the shooting.
Creighton and 20-year-old Nakyris Ridley were killed in the shooting, and four others were injured. Police said Ridley was the intended target and the other victims were innocent bystanders.
APD sources confirmed to Channel 2′s Michael Seiden that an arrest has been made.
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The lawsuit accuses the club of negligence and details how Creighton was an innocent bystander at the club that night, saying that the club allowed an armed person onto the premises.
“The Defendants allowed an armed individual(s) to enter and remain inside the crowded Premises for an extended period of time where alcohol was served,” stated the lawsuit.
It went on to say how the club was “poorly maintained” and “unsafe”, and a “haven for dangerous conduct.”
The lawsuit claims that had the club taken reasonable measures, Creighton would still be alive.
“The Defendants knew or should have known that failure to take proper and reasonable measures to mitigate the risk of violent criminal activity and/or deter criminal actors from entering and remaining on the Premises would only increase the unreasonably high risk of violence to those frequenting the Premises, thereby furthering exposing the Plaintiff to serious injury and/or death,” the lawsuit stated. “Had the Defendants taken reasonable measures, Mari Creighton would be alive today.”
Last month, Channel 2′s Michael Seiden was in Henry County where he spoke with Creighton’s family.
Family members say Creighton was out celebrating her niece’s birthday the night of the shooting. Her niece, 22-year-old Taylor Holmes, was injured after being shot in the leg.
The attorney for Creighton and Holmes released a statement on May 17 that stated in part, “Both Mariam and Taylor were patrons at Elleven45 Lounge when police say a dispute inside the club escalated to gunfire in the early hours of Mother’s Day on Sunday, May 12. Mariam and Taylor were innocent bystanders and the victims of an unconscionable tragedy.”
The City of Atlanta is also taking legal action against the nightclub. In a lawsuit, the City of Atlanta sought a temporary restraining order in an attempt to shut down the popular nightclub on Peachtree Road.
According to the complaint filed on May 24, attorneys for the city asked the courts to declare the business a public nuisance claiming it “failed to provide for adequate security and safeguards to protect its patrons and those within the vicinity from harm.”
The complaint also cited numerous incidents since 2020 in which “APD has responded to at least 12 calls for service as a result of fatal shootings, attempted shootings, stabbings, threats of harm, physical altercations, larceny and disorderly conduct.”
The hearing for the city’s lawsuit will be Thursday morning in Fulton County Superior Court.
The club made an Instagram post last month before the city’s lawsuit was filed, stating that it is closing its doors as of May 12 to “review and enhance” its security protocols. The statement went on to say, “This deeply painful moment for our community was isolated and does not reflect the operational practices or safety record of our establishment.”
Channel 2 Action News reached out to Elleven45 early Thursday morning to see if they had a response to the recent lawsuit and we are waiting to hear back.
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