Two years after 33-year-old Gerrone Avery was shot and killed outside Magic City, his family has filed a wrongful-death lawsuit that squarely blames a club security guard and business entities tied to the famed Atlanta strip club. The complaint argues Avery was not a threat when he was shot, according to the family. Their attorneys are scheduled to hold a news conference at 2 p.m. on Friday, April 17, 2026.
What the Lawsuit Says
The complaint names the security guard, corporate entities connected to Magic City and other defendants, accusing them of wrongful death and alleging that Avery’s civil rights were violated through the use of unreasonable force, according to Atlanta News First. The outlet reports that the guard told police he heard gunfire outside the club, saw Avery holding a gun and fired after Avery allegedly refused to drop the weapon. The guard was never criminally charged, the report notes. The filing seeks a civil finding of liability and monetary damages.
Family Disputes Police Account
Avery’s relatives tell a very different story. They say he had just been the victim of an attempted robbery and was not a threat when he was killed, family members told FOX 5 Atlanta. "That's what they told me, 'Your son is a victim,'" his mother told the station. FOX 5 reported that at the time of its earlier coverage, no criminal charges or arrests had been announced in the case, and the family says it has been pressing for answers since the May 4, 2024 shooting.
Magic City and Past Legal Trouble
Magic City, which lists its address as 241 Forsyth St. SW on its website and is described there as a longtime fixture of Atlanta nightlife, has been under the legal microscope before, according to Magic City's website. In 2025, a former dancer sued the club alleging sexual harassment and unpaid wages, according to a former dancer's lawsuit. That prior case provides context for why the Avery family’s attorneys are targeting both individuals and corporate entities in their new complaint.
Legal Context
Georgia’s wrongful-death statute outlines who may bring such claims and what damages are available, and wrongful-death suits are generally subject to a two-year limitation period, which means the Avery family’s filing lands within the usual legal window, according to O.C.G.A. § 51-4-1. Civil-rights claims that often accompany wrongful-death complaints can move forward even when no one is criminally charged and typically seek financial damages or other remedies through the courts, per The Stoddard Firm.
What to Watch Next
The family’s attorneys are set to lay out their case at the Friday news conference, which Atlanta News First said it would stream live. Reporters will be watching for the specific allegations detailed in the complaint, whether the security guard is publicly identified and any immediate response from Magic City or its representatives. This is a developing story, and court filings or statements released after the conference could add new information.
