Jury awards casino patron after false arrest

[Talesman]

Jury awards casino patron after false arrest  -- Result: $729,000 Jury Verdict for Patron Abuse

Tunica MS. Sept 17 2008

A federal jury returned a verdict totaling over $729,000 in a case involving the abuse of a patron by security personnel at Hollywood Casino and a deputy of the Tunica County, MS Sheriff's office.
According to information in court documents, the victim in Tunica was believed by casino employees to be playing blackjack skillfully and counting cards, both lawful activities.

Reports filed in the case indicate the victim was not suspected of any illegal activity. Nevertheless, he was detained by casino employees, who subsequently instructed a cashier to refuse to cash the victim's chips unless the victim provided them with his identification.

There is no legal requirement in federal law or Mississippi Gaming Commission regulations that a patron provide identification to casino employees in order to cash chips, provided that the cash to be received is not over $10,000 (see US Code Title 31).

In this case, the victim reportedly had won less than four hundred dollars before his play was stopped by the casino.

Pleadings in the court case stated that the victim declined to provide identification, and asked to be paid so that he could leave the casino.

Instead, casino employees called the Sheriff's department. Deputy Dornae Mosby responded and demanded identification from the victim, who complied with the deputy's request but instructed the deputy not to show the identification to casino personnel. According to court records, the deputy ignored this instruction, and allowed casino personnel to take possession of the victim's identification and photocopy it. Attorney Bob Nersesian of Las Vegas, an recognized expert on casino patron law and author of the patron-protection manual Beat the Players, has commented that there is no legal basis for a law enforcement officer to hand over a patron's identification to casino personnel over the objection of the patron.

The victim was arrested by Mosby for disorderly conduct. According to public records, the charge was subsequently dismissed.

The victim then sued Hollywood casino, Tunica County, and Deputy Mosby. The verdict filed in the case shows that the jury awarded the victim $25,000 from Deputy Mosby individually for the violation of his Fourth and Fourteenth Amendment rights to be free of unreasonable searches and seizures.

The jury found the casino liable for false arrest, false imprisonment, malicious prosecution, abuse of process, conversion, and trespass to chattels. The final two items involve the wrongful taking of plaintiff's identification by casino personnel. The jury awarded $103,703 in damages to the victim from the casino, plus punitive damages of $600,550.

The victim was represented by attorneys Robert B. McDuff of Jackson, MS and A. Randall Harris of Madison, MS.

Case: US District Court for the Northern District of Mississippi, Delta Division — Civil Action No. 2:06CV204P-A Grosch v. Tunica County et al.

Casino abuse of skilled patrons is an ongoing problem. Casinos often conspire with corrupt law enforcement officers to deprive patrons of their legal rights.

Word of note: recently The United States Supreme Court has ruled on officers demanding ID.  Bottom line - you only have to identify yourself (assuming this is not a traffic stop).  You DO NOT have to PROVIDE a state or federal issued ID. 

Also: many times during an 'incident' a LEO will ask for your SS#.  Cordially refuse to provide it.  The LEO, as does any government agent, MUST supply you with a Privacy Act Notice - that's federal law - and then it is up to you whether to comply or not. If not, you cannot be denied any right, privilege or benefit for not doing so.

Security guards be they in a casino or at K-Mart have as much authority as your local hot dog vendor pushing his cart though town. 

For a long list of casino patron abuse and their resolutions see:
nolinks://nolinks.bj21.com/advantageplay/lawandtaxes/patronabuselinks.shtml

[EddessaKnight]

An informative & encouraging post Talesman,

*Bob Nesessian Esq, of Las Vegas  winning streak over unfair & illegal casino practices agsint honest players has just added another notch!
It would appear that this player friendly 'David vs Goliath' would be the attorney to seek out if a casino player had a legitamate countermeasure or banning grivienace against the casino and or related ineffective gaming board.[smiley=2vrolijk_08.gif]

Congrats are in order - GO BOB !!!
EddessaKnight 


*Not invested with or related to.

[EddessaKnight]

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