Illegal deprivation of another's freedom is false imprionment
"false imprisonment" in Las Vegas, Nevada, is "an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority." (NRS 200.460)
In other words, false imprisonment is any illegal reduction of another's freedom of movement. False imprisonment may occur indoors, outdoors or in a moving vehicle, and it does not require the use of weapons or threats.
False imprionment does not occur when probable cause that the imprisoned person commited a crime exists
Roughed up and falsely imprisoned by security guards
LAS VEGAS - A patron who had spent thousands of dollars in the club was roughed up and falsely imprisoned by security guards from Tao nightclub, prior to being handed over to metro. A Clark County District Court jury awarded damages for false imprisonment, battery, defamation, and trespass to chattels. The trespass to chattels was for going through the victim's wallet. District Court case number 06-A-530243-C
related issues in this kind of case also often relate to slander and assault and battery.
Often in these cases no criminal charges are ever made or filed against the patron.
Advantage gambler falsely imprisoned by security guards
false arrest, false imprisonment, and related ? 1983 claims hinge on an allegation that a wrong doer lacked probable cause to arrest the imprisoned person. Probable cause to arrest exists when police have reasonably trustworthy information of facts and circumstances that are sufficient in themselves to warrant a person of reasonable caution to believe that [a crime] has been . . . committed by the person to be arrested."
Often in these cases Metro becomes involved, and arrests the patron for trespassing, on falsified or embellished information by one or more of the guards.
Guards appear to have grossly overreacted to a petty situation-$200,000 jury verdict
A police officer who uses more force than is reasonably necessary to effect a lawful arrest commits a battery upon the person arrested. Ex.: guards made a dubious citizen's arrest, and, chained the patron to the floor of the security room. The patron, prior to being arrested by the private-citizen security guard, had offered to leave the premises, but refused to allow the guards access to his paid-for room
On the other hand"discomfort" and "embarrassment" fail to show damages for wich an award may be made.
Hotel operations are subject to the laws and regulations in Las Vegas just like everyone else
Many casino managers somehow believe that their hotel operations are not subject to the laws and regulations that apply to everyone. Las Vegas jurys often set these bullies straight. Hotels are not "above the law" in Las Vegas. False arrest, false imprisonment, and the breach of innkeeper's duties are often vidicated by the law. Racial overtones often appear to be involved in these cases. Hotel employees must use common sense, rather then just charge a patron with trespassing, based on falsified or embellished information and then detain the "trespassing" patron.
Additional resources provided by the author
Howard Roitman, Esq.
8921 W. Sahara Ave.,
Las Vegas, Nevada 89117