Posted on: June 28, 2024, 12:03h.
Last updated on: June 28, 2024, 01:12h.
An incident that occurred in March 2022 at the Beau Rivage Resort & Casino in Mississippi is expected to head to a jury trial after a federal judge ruled two of the plaintiff’s allegations have merit to proceed. Beau Rivage is operated by MGM Resorts International.
US District Judge Taylor McNeel in Mississippi’s Southern District federal court agreed with MGM’s attorneys that several of plaintiff Brent Nettles’ allegations weren’t warranted to continue. Those allegations included malicious prosecution, gross negligence, and intentional infliction of emotional distress.
But McNeel did determine that Nettles’ other claims, specifically intentional battery and false imprisonment, could move forward. Nettles alleged last year in a federal lawsuit that the Beau Rivage’s casino security wrongly detained him and “violently” tackled him and “pinned” him to the ground.
Casino officials say surveillance video showed an intoxicated Nettles being asked to leave the premises on the evening of March 11, 2022. Nettles initially complied but quickly changed his mind after claiming he realized he hadn’t paid his bar tab. That’s when casino security said he was trespassing and detained him.
Jury to Decide
Nettles claimed he wasn’t drunk but was simply enjoying a cocktail with his parents and wife when he was asked to vacate the casino floor and retire to his guestroom. A Florida resident, Nettles says he was lured to the Gulf Coast destination with a comped stay from MGM.
Nettles told the court that he’s a regular gambler willing to lose up to $20K a year as he finds playing slot machines and table games entertaining. He was sipping on a drink on March 11 after he said he lost about $5K on slots.
Nettles said he suffered “severe” physical harm to his radial nerves and has lingering hand pain from the arrest. A Biloxi police officer on the scene charged Nettles with trespassing after he was initially detained for disorderly conduct.
The plaintiff is seeking financial compensation for his related medical expenses and for “pain and suffering.” The jury trial is slated to begin on July 16 at the federal courthouse in Gulfport.
Questionable Injuries
Nettles believes the casino security forcibly handcuffing him resulted in hand nerve pain, numbness, and a tremor. Nettles’ primary care doctor agreed with the diagnosis, but a neurologist’s review of the claimed physical ailments was inconclusive.
MGM asked McNeel to dismiss the case. The casino said whether Nettles was intoxicated is irrelevant, as the resort has the legal right to ban anyone it wishes.
Plaintiff’s fixation on the intoxication issue is, frankly, irrelevant,” the MGM petition read. “Defendants would have been within their rights to tell the Plaintiff to leave because they didn’t like the shirt he was wearing. Such is the nature of the law permitting business owners to choose their customers.
“The critical fact in this entire analysis is that after Plaintiff gave Defendants the impression that he was going to leave, he reversed course without explanation, blew past several security officers, and tried to re-enter the Eight 75 lounge without permission. Whatever motives Plaintiff may have had in doing so are immaterial. Beau Rivage security officers were justified in understanding Plaintiff’s conduct as a blatant refusal to comply with their order to leave, and no reasonable jury could find otherwise based on these facts,” the MGM response argued.
