Court rules against two gamblers

Tuesday, Nov. 16, 2004 | 10:44 a.m.

CARSON CITY -- The Nevada Supreme Court Monday rejected the claim of two gamblers that they were illegally arrested by state Gaming Control Board agents while playing cards at Caesars Palace in Las Vegas in April 2000.

The court said agents Roderick O'Neal and Charles Pointon were immune from suit since they were carrying out their duties.

Michael Russo and James Grosjean, described in court records as skilled gamblers, started to play three-card poker after they noticed that an inexperienced dealer was exposing his hole card. Grosjean won more than $18,000 before officials of Caesars detained and questioned them.

Agents O'Neal and Pointon also questioned them and accused them of bending the cards. They were arrested on charges of cheating at gambling. Russo was in jail for 12 hours and Grosjean spend more than four days confined. They said they spent $23,000 in legal fees and the charges were dismissed without going to trial.

Russo and Grosjean filed suit against the Gaming Control Board and the agents. District Judge Lee Gates dismissed the suit and the Supreme Court upheld the decision.

The Supreme Court said the law "grants qualified immunity to state officials who, in the discharge of their duties, exercise discretion, whether or not that discretion is abused."

In this case the court said the agents were conducting an investigation and "their actions were inherently discretionary."

Earlier this month, Grosjean won a $400,000 judgment in district court in Las Vegas against Imperial Palace for wrongful imprisonment.

The incident at Imperial Palace occurred about 10 months after the one at Caesars Palace. At that time, Grosjean was stopped, handcuffed and detained by Imperial Palace security for 47 minutes before releasing him.