Tourist ‘violently thrown to the ground’ at Strip property, lawsuit claims

A man is suing an MGM Resorts International property on the Strip after allegedly being “violently thrown to the ground,” resulting in head trauma, in an attempt to remove him from the premises.

A lawsuit filed by Andrey Anatolievich Balun claims “excessive and unreasonable force” was used by a Cosmopolitan security officer in an attempt to remove him from the casino. According to the lawsuit, law enforcement said the security officer’s conduct “may have constituted criminal behavior.”

The lawsuit was filed in the Clark County District Court on Oct. 28, asking for relief in excess of $50,000. Balun is suing on eight counts of battery; assault; intentional infliction of emotional distress; false imprisonment; negligence; and negligent hiring, training, supervision and retention.

MGM Resorts didn’t immediately respond to a request for comment.

Lawsuit details

While a patron at the Cosmopolitan casino on Oct. 31, 2023, Balun, of Bellevue, Wash., was playing and winning at roulette and he and others would cheer when they won, the lawsuit claims.

Balun said in the lawsuit he was approached by Cosmopolitan security, where he was asked to leave the premises because “he was too loud and had enough for the night.” At this point, a trespass warning was not read to Balun, the lawsuit said.

Balun then took his winnings, went to the rideshare staging area and was told his ride would arrive in around 20 minutes. According to the lawsuit, the rideshare area was “uncomfortably cold,” so he went back inside the casino and sat at another roulette table to wait for his ride.

While sitting, Balun was approached by security officers at around 12:40 a.m. where he was asked to leave again, but he informed them he was waiting for his ride, the lawsuit states.

For around seven minutes, Balun and the security officers engaged in conversation, and he “did not threaten, strike, or attempt to harm anyone,” the lawsuit states. From there, a trespass warning was read to Balun and a physical altercation ensued.

At 12:47 a.m., a security officer “used incredible and excessive force,” throwing Balun to the ground, and his “head crashed into the floor with tremendous force,” the lawsuit claims.

“Despite having ample time and opportunity to de-escalate the situation, employ verbal persuasion techniques, or simply allow Plaintiff to wait for his ride and leave peacefully, (the security officer) chose to use physical force against Plaintiff,” the lawsuit stated.

As a result, Balun was transported to the emergency department at Sunrise Hospital for head trauma, the lawsuit states. Furthermore, Balun was unable to give a “complete statement” because of the head injuries sustained.

According to the lawsuit, the Cosmopolitan maintains the incident on video surveillance. Upon review by law enforcement, they determined the security officer’s conduct “may have constituted criminal behavior” and asked Balun if he wished to press charges.

Balun didn’t press charges.

Additionally, the security officer who threw Balun to the ground “admitted” to law enforcement that his head did hit the floor.

“The officer’s inquiry regarding criminal charges demonstrates that even law enforcement personnel recognized the excessive, unjustified, and potentially criminal nature of the force used by (the security officer) against Plaintiff,” said the lawsuit.

According to the lawsuit, Balun continues to suffer from the physical and emotional effects from the attack, and has sought and continues to receive medical treatment as a result.

Contact Emerson Drewes at edrewes@reviewjournal.com. Follow @EmersonDrewes on X.