A blackjack participant who in 2021 was accused of counting cards at the Ameristar Casino Hotel inward Negroid Hawk, Colo., is seeking compensation for what he believes was an illegal custody carried come out past local police and state gaming enforcement agents.
In a complaint first off filed last-place October inward Colorado’s federal territorial dominion court, attorneys representing plaintiff Joseph Shiraef aver that their client was unlawfully detained after visiting the Ameristar on Oct. 19, 2021. Shiraef, a resident of Lookout Mountain, Ga., claims to have got had a lengthy layover at capital of Colorado International Airport and decided to drop that liberal clip by making the roughly hour-long aim westward to the historical minelaying closure that is today place to 11 casinos and gaming halls.
Shiraef claims inward his judicial proceeding that after playing sap for a few hours and losing $4,000, an Ameristar fossa manager asked him to provide his identification. After presenting his GA driver’s license, the floor supervisor said they demand to running his identification to “check something.”
That’s when Shiraef says he refused to mitt o'er his license. He claims he was and so told that he wouldn’t follow allowed to cash out his remaining chips valued at $1,800.
Situation Escalates
Shiraef says he was accused of counting cards, a praxis that involves a risk taker keeping a mental tally of the cards that feature been dealt inward an exertion to break forebode what testament follow next.
In Colorado, on that point is no more specific law of nature banning card counting but casinos keep the flop to banning or demarcation line gamblers who are believed to follow counting cards.
Shiraef says he personally called the Colorado Division of Gaming inwards an travail to solve up the situation. But because he needed to catch plump for to the airport, he decided to take leave the Ameristar.
Shiraef alleges that when he tried to go away the cassino resort’s parking garage, a inglorious SUV with flashing blueish and cherry-red lights plugged his exit. The gaming agent identified himself as Chief Joseph Nguyen.
Nguyen told Shiraef he was suspected of committing fraudulent acts.
I’m going to go over the picture and if the picture shows that you are committing a criminal offense by cheating or counting cards you will have a warrant for your arrest. In the state of Colorado, that’s non allowed,” Nguyen allegedly told Shiraef.
Nguyen said gamblers are required to caper the games fairly. After Shiraef aright told the gaming federal agent and a local law officer on the view that there’s no law inwards CO prohibiting the counting of cards, Nguyen allegedly countered, “You gave us reasons to trust that you were committing a crime.”
Shiraef was eventually net ball spell and returned to the airport. He planned to remedy the redeeming of his Ameristar gaming chips at a later date.
Shiraef was never supercharged inward the incident, which led to his lawsuit that names Ameristar, the casino’s owner Gaming and Leisure Properties, Inc., Nguyen, the City of blackamoor Hawk, and blackamoor Hawk Police Sgt. Stephanie Marcus Whitman as defendants. The suit oddly does non figure Penn Entertainment, which operates the Ameristar Casino, as a defendant.
Compensation Sought
After defence force attorneys unsuccessfully sought-after(a) to experience the cause dismissed on grounds that law enforcement possesses qualified immunity from such legal challenges, Shiraef’s lawsuit is only when at present proceeding. The Colorado district tribunal has exercise set a Sept. 20, 2023, deadline for the mired parties to inform the judicature about the witnesses and experts they project to include inwards the matter.
US Magistrate Judge S. Kato Crews will and so countersink a pretrial conference conference. Shiraef is seeking $3 one thousand thousand in compensation for his alleged unlawful detention, plus effectual fees and attorney costs.
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