Kanye West is being sued for assaulting a photographer

The 'Gold Digger' hitmaker and his security team are accused by Michael Vazquez ' who was at an event Kanye was playing at Gustavino's in New York to take pictures in May 2008 ' who claims to have been 'assaulted, battered, beat and threatened'.

According to the New York Post newspaper, the 44-year-old photographer is claiming unspecified damages for 'physical, mental and emotional illness' as a result of the incident at the show, which Kanye was paid $1 million for and was best remembered for a performance by topless, helmet-wearing dancers.

The suit states Vazquez, who was invited to the event to photograph and report, was assaulted by Kanye and his 'employees'.

It states: 'West, his agents, servants and/or employees acting in the course and within the scope of their employment, detained and/or threatened and/or caused plaintiff to suffer injuries.

'The assault and battery was committed by defendant, Kanye West, [his] agents, servants and/or employees, with malice.'

According to police sources, a report was filed the next day by Vazquez, claiming his camera and phone was taken by security of either the restaurant or the rapper.

He also claimed to have suffered a dislocated shoulder in the scuffle.