A.C. - N.J. State Police liable
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for unlawful search and seizure of 2 APs at the Golden Nugget Casino
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https://www.courierpostonline.com/story/news/2021/12/28/new-jersey-state-police-detectives-civil-rights-violations-golden-nugget-casino/9020051002/
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Quote: lilredrooster____________
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for unlawful search and seizure of 2 APs at the Golden Nugget Casino
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https://www.courierpostonline.com/story/news/2021/12/28/new-jersey-state-police-detectives-civil-rights-violations-golden-nugget-casino/9020051002/
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Awesome
If they have a legitimate action against someone essentially playing on another person's behalf, then it would be to refuse any winnings that came about as a result of the deposit match and refund the deposit. If the casino simply wants the money back from someone playing on behalf of others (if already paid out), which is really kind of petty since they are offering such an easily exploitable promotion to begin with, then I think some sort of civil claim is the only defensible way to do that.
so how much are they getting?Quote: lilredrooster____________
for unlawful search and seizure of 2 APs at the Golden Nugget Casino
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https://www.courierpostonline.com/story/news/2021/12/28/new-jersey-state-police-detectives-civil-rights-violations-golden-nugget-casino/9020051002/
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link to original post
Quote: 100xOddsso how much are they getting?Quote: lilredrooster____________
for unlawful search and seizure of 2 APs at the Golden Nugget Casino
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https://www.courierpostonline.com/story/news/2021/12/28/new-jersey-state-police-detectives-civil-rights-violations-golden-nugget-casino/9020051002/
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link to original post
This wasn't a suit for money damages. That will have to now be filed against the police officers or more likely it's already been filed hence the need for this current case.
The case decided was can the police officers involved be sued. The answer was yes.
Law enforcement has certain immunities. That's because everyone who gets arrested wants to sue and the police need protection from lawsuits.
But at the same time if a police officer actually does something that is actionable they should be sued.
Hence the need for a judge to make that decision.
This judge noted there was no evidence to support an arrest. APPARENTLY they arrested on the word of the Golden Nugget supervisor that they felt a "scam" was happening without any evidence of such. (this is why casinos should not use that word for everything that is AP. Now it's got them in trouble).
Anyway the cops are on the hook personally now. Past incidents like this they usually settle because they don't have a lot of money.
When it happened at Maryland Live, the casino settled for the officers. The judge has stated the incident was under the "color of law". Nersessian says in his books this is the most profitable type of case.
When law enforcement acts "under color of law" it means they are abusing their powers to act for another non-powered party and that means huge civil rights violation.
In other words, police can't arrest someone because a casino doesn't like them and the police have cooperation with the casino.
That's acting under color of law, doing something the officers should not perform under the law, while claiming it is, to benefit someone without police powers.
https:// scholar.google.com/scholar_case?case=10446251624991007416&q=mills+v+golden+nugget&hl=en&as_sdt=6,43
It's a suit for money damages, and actually its the same person suing as in the Maryland Live case.
Quote: Mission146It's nice to see something in the courts go an AP's way for a change.
If they have a legitimate action against someone essentially playing on another person's behalf, then it would be to refuse any winnings that came about as a result of the deposit match and refund the deposit. If the casino simply wants the money back from someone playing on behalf of others (if already paid out), which is really kind of petty since they are offering such an easily exploitable promotion to begin with, then I think some sort of civil claim is the only defensible way to do that.
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I have read the judgement now.
Unfortunately I feel it's a Pyrrhic victory.
Golden Nugget was dismissed because they only called the DGA. They did not backroom anyone or force the police to arrest. In fact NJ gaming statute says if suspicious of criminal activity, they had to notify gaming enforcement.
So without GN, the pockets aren't deep enough to probably continue.
Only three of the five police officers were found not protected by immunities because they made an arrest based on nonsense (suspect came from out of state, opened accounts and made telephone calls. That's what the basis of criminal suspicion came from.)
It does appear to be the same Justin Mills from the Maryland card counting case. The police in Maryland were also held liable when they took Mills in for card counting.
In that case Maryland Live settled for the officers. The difference is Maryland Live had backroomed Mills AND asked for their arrest from the officer AND the officer also was an employee during his off hours of the casino.
You can see why the casino settled for the officer in that case.
In this case in NJ, that's not going to happen.
This is a Section 1983 case. Although the law enforcement officers may be personally liable, in almost all such cases they are ultimately indemnified by the state.Quote: darkozQuote: Mission146It's nice to see something in the courts go an AP's way for a change.
If they have a legitimate action against someone essentially playing on another person's behalf, then it would be to refuse any winnings that came about as a result of the deposit match and refund the deposit. If the casino simply wants the money back from someone playing on behalf of others (if already paid out), which is really kind of petty since they are offering such an easily exploitable promotion to begin with, then I think some sort of civil claim is the only defensible way to do that.
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I have read the judgement now.
Unfortunately I feel it's a Pyrrhic victory.
Golden Nugget was dismissed because they only called the DGA. They did not backroom anyone or force the police to arrest. In fact NJ gaming statute says if suspicious of criminal activity, they had to notify gaming enforcement.
So without GN, the pockets aren't deep enough to probably continue.
Only three of the five police officers were found not protected by immunities because they made an arrest based on nonsense (suspect came from out of state, opened accounts and made telephone calls. That's what the basis of criminal suspicion came from.)
It does appear to be the same Justin Mills from the Maryland card counting case. The police in Maryland were also held liable when they took Mills in for card counting.
In that case Maryland Live settled for the officers. The difference is Maryland Live had backroomed Mills AND asked for their arrest from the officer AND the officer also was an employee during his off hours of the casino.
You can see why the casino settled for the officer in that case.
In this case in NJ, that's not going to happen.
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it looks like only some part of of the case was dismissed
from the opinion:
section 13:
"Accordingly, the complaint states viable claims that the defendants violated plaintiffs' clearly established rights to be free from search and seizure under the 4th Amendment. Defendants are not entitled to qualified immunity.
Accordingly, the motion of the defendants to dismiss counts XXII through XXIX on qualified immunity grounds will be denied."
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https://casetext.com/case/mills-v-golden-nugget-atl-city-llc-1
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Quote: lilredrooster__________
it looks like only some part of of the case was dismissed
from the opinion:
section 13:
"Accordingly, the complaint states viable claims that the defendants violated plaintiffs' clearly established rights to be free from search and seizure under the 4th Amendment. Defendants are not entitled to qualified immunity.
Accordingly, the motion of the defendants to dismiss counts XXII through XXIX on qualified immunity grounds will be denied."
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https://casetext.com/case/mills-v-golden-nugget-atl-city-llc-1
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Yes, the plaintiffs threw every possible complaint they could. Several didn't really qualify and those were dismissed.
However the Golden Nugget was fully dismissed from the case.
The parts not dismissed were for three of the five officers. The two officers who had charges dismissed were because they arrived late to the scene and we're following orders from the other three and had no reason to believe the other officers were doing a false arrest. So their qualified immunity was upheld.
Quote: SandybestdogHolding officers personally responsible is a double edged sword. It certainly sounds nice to but it also leads to the Baltimore effect whereby officers will hide in the shadows rather than actively patrol for fear that they will lose their job or worse. When enough officers look away crime skyrockets.
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Well, these were not regular AC officers. They were DGA or Division of Gaming Enforcement.
Yes, official police but only handling casino crimes.
At any rate cops just can't arrest people because they think making cell phone calls after depositing money at the cashier is suspicious.
Quote: SandybestdogHolding officers personally responsible is a double edged sword. It certainly sounds nice to but it also leads to the Baltimore effect whereby officers will hide in the shadows rather than actively patrol for fear that they will lose their job or worse. When enough officers look away crime skyrockets.
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you no doubt have a valid point
and then there is the other side of the coin
about 35 miles from Baltimore is Prince Georges County, MD - and in the 70s there was uncovered what was called a police "Death Squad"
they lured criminals into committing crimes they knew about and then shot and killed at least 2 of them
I hung out in P.G. County a great deal during that time - the police were greatly feared
I can't prove it, but I personally believe that police brutality at that time was much greater than what was uncovered and reported
the police have an extremely difficult job - unfortunately many of them, or at least some of them, are not able to make proper judgements about what level of force is appropriate
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https://www.washingtonpost.com/archive/politics/1979/02/11/1976-slayings-by-pg-police-squad-probed/90037a7e-0080-4bd6-bd37-67529757331e/
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