Mario Acevedo was shot in the back Dec. 16 while leaving the bathroom of the Mayan Palace 14 in San Antonio by a man upset over a breakup with his girlfriend, the San Antonio Express-News reported Thursday.
Acevedo's suit claims police had been called to the theater many times and Santikos Theatres, the parent company, "owed him a duty to exercise ordinary care to keep the premises in reasonably safe condition."
A spokesman for Santikos said the theater has off-duty police officers present every night, and that it was an off-duty officer who shot the alleged shooter and took his gun away.
None of Acevedo's vital organs were hit in the shooting and he was released from the hospital the same night, authorities said.
The lawsuit seeks compensation for Acevedo's physical pain, mental anguish, lost wages and diminished capacity to enjoy life and society.