Lawsuits allege wrongful death, negligence in Taboo shooting

CEDAR RAPIDS — Two lawsuits have been filed against the now-defunct Taboo Nightclub and Lounge and Timothy L. Rush, who fatally shot a man and woman and injured others as he fired into the crowded downtown Cedar Rapids nightclub April 10, 2022.

Three mothers of five minor children are suing Rush for negligence and wrongful death of the children’s father, Marvin Cox, 31, of Cedar Rapids, who died from his gunshot injuries. Also killed was Nicole Owens, 35, who had a child with Rush.

The petition asserts Rush, 33, of Cedar Rapids, was negligent in failing to use care and caution when using a firearm, using the gun to intimidate or provoke fear, in discharging the gun and failing to obey Iowa laws prohibiting possession of a firearm by a felon.

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The mothers — Justine M. Grant, also administrator of Cox’s estate, Sarah James and Blaycia McDowell — are asking for damages based on what the value of Cox’s estate from the time of his premature death to what would likely be the end of his natural life, medical expenses, burial expenses and other damages.

The other petition, filed by Richard Nicksion, who was also at the club that night and was injured during the shooting, is suing Rush for negligence and battery and asking for damages of past and future medical expenses, past and future lost wages, pain and suffering and other damages.

Both lawsuits are suing Taboo for vicarious liability and negligent security. Rush was a part-time employee of the club and working that night. The suits assert Taboo is liable for all injuries and damages suffered by the plaintiffs as result of his actions.

The owner of the former club, Modteets Williams, didn’t respond to a request for comment Wednesday afternoon on the lawsuits. A response to the petitions hadn’t been filed yet.

The mothers’ suit asserts that because the club provided security, Cox would rely on the club and its employees to protect him and others from wrongful actions of others while there. It also contends Taboo was negligent in its supervision and training of Rush.

Both suits also assert Taboo sold and served Rush beer or liquor that night and knew or should have known he was intoxicated.

Both lawsuits were filed Nov. 30 by the same law firm in West Des Moines. Neither has been set for trial.

Rush, originally charged with two counts of second-degree murder, pleaded in March 2023 to two counts of involuntary manslaughter, five counts of reckless use of a firearm causing bodily injury and one count each of intimidation with a dangerous weapon and possession of a firearm by a felon.

According to a criminal complaint and plea, Rush also shot Alazia Cotton and Makayla Stokes, causing them serious injuries, and Traniece Worley and Denise Triplett who suffered bodily injuries.

Rush was sentenced last May to 30 years in prison, in accordance with a plea agreement. He also was ordered to pay $150,000 each in restitution to the heirs or estates of Owens and Cox.

According to the investigation, Rush fired a 9 mm handgun “indiscriminately” into a crowd of clubgoers after Dimione Walker, also in the club that night, shot and killed Michael Valentine moments earlier — sending patrons into a “frenzy” as they tried to flee, Linn County Attorney Nick Maybanks told The Gazette after sentencing in 2023.

Maybanks said Rush wasn’t allowed to have a gun because he had state and federal felony convictions.

When Walker shot Valentine, Rush was on the other side of the club in the corner. The surveillance video from inside the club shows Rush “dropped down” and started “recklessly” shooting into the crowd. Rush was shooting toward the gunfire as a reaction to Walker, Maybanks said.

A jury in November 2022 convicted Walker, of Coralville, of first-degree murder, going armed with intent and being a felon in possession of a firearm. He was sentenced to life in prison.

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