A fan who was smacked by comedian Gallagher (search) during a performance has filed a lawsuit, claiming he was severely injured.

The complaint filed by Edwin May III in Clark County District Court on Monday follows a decision last week by prosecutors not to file misdemeanor battery charges against the 58-year-old comedian.

In the lawsuit, May said Gallagher became agitated during a May 27 show at the Riverside hotel-casino in Laughlin and struck him on the side of the head, damaging his hearing and inflicting extreme emotional, physical and psychological harm.

Gallagher, whose real name is Leo Anthony Gallagher (search), couldn't immediately be reached for comment. The comedian has said he struck May as part of his act.

May is seeking a minimum of $80,000 in damages plus lawyer's fees from Gallagher and the Riverside resort, which is named as a co-defendant.

Hotel officials have said they fired Gallagher after the Memorial Day weekend incident, though the comedian says he quit.

Gallagher is best known for smashing watermelons with a sledgehammer.