Wednesday, September 15, 2004
Copyright © Las Vegas Review-Journal

THREE OFFICERS: Jury backs police in lawsuit

Advantage gambler sought damages after arrest on disorderly conduct charges

A federal jury ruled in favor of three Las Vegas police officers Tuesday in a civil case filed by a professional gambler they arrested in 2002 at the El Cortez.

"The key question was we felt the officers acted in accordance with what they were supposed to be doing," juror Roger Christensen said.

Raymond Cagno, who filed the civil rights lawsuit, declined to comment after hearing the verdict.

In closing arguments Tuesday, attorney Robert Nersesian said the officers had no authority to arrest Cagno on a charge of disorderly conduct. "Let these officers know that there are limits on their power, that they have to respect citizens and their rights," Nersesian told the jury.

Attorney Craig Anderson argued that the officers were just doing their jobs. By returning a judgment against the officers, the attorney told jurors, "You'll be punishing these officers for making a very difficult judgment call in a tough situation."

The jury's four men and four women deliberated more than three hours before reaching a decision.

Cagno, an advantage gambler and personal fitness trainer, was convicted of the disorderly conduct charge last year, but District Judge Joseph Bonaventure threw out the conviction.

Advantage gamblers increase their chances of winning by taking advantage of a dealer's or casino's mistakes or by means such as card counting. The Nevada Supreme Court has ruled that advantage gambling is legal.

Some Las Vegas lawyers say they have noticed an emerging pattern of intimidation and excessive force being used by casino security, state gaming and Las Vegas police officers to deter advantage gamblers from playing.

Cagno's disorderly conduct arrest stemmed from his yelling out to casino patrons to call police as he was led away in handcuffs by hotel security guards in October 2002.

"Mr. Cagno was kidnapped, and he's the one who found himself in jail," Nersesian told the federal jury.

Video footage from the El Cortez shows Cagno hole carding, meaning he was able to see the blackjack dealer's hole card because of the dealer's mistakes.

The tapes show him being approached by two security officers, who ask him to stop playing. Cagno then gets up and walks toward an exit but is blocked by two more guards, is forced to the floor, handcuffed and taken to a security holding cell.

Anderson asked jurors to distinguish between the actions of the El Cortez security guards and those of the police officers.

Cagno sued the El Cortez, which previously settled, and the three police officers involved in his arrest: Gary Sittre, Todd Humphrey and Todd Bryant.

Anderson argued that Cagno failed to produce any evidence that the police officers acted unreasonably. He said the officers conducted a thorough investigation before arresting Cagno.

Although casino security officers suspected Cagno was using a cheating device, no such device was found and Cagno's arrest did not involve an allegation of cheating.

Nersesian said Cagno waited outside the El Cortez for police to arrive, because he wanted to file a report against the security officers who had detained him. The police then relied on a complaint from an El Cortez employee to arrest Cagno on the disorderly conduct charge.

"They arrested a man who just wanted their help," Nersesian said.

Nersesian asked the jury to award his client damages for the emotional distress he suffered while sitting in jail for 14 hours and for the damage the arrest caused to his reputation. "I don't think $100,000 is out of the question," the attorney said.

Christensen said jurors did not believe the police officers treated Cagno more harshly because he is an advantage gambler. He said they thought Cagno exacerbated his situation by not cooperating with officers who repeatedly gave him an opportunity to leave.