A man is suing an MGM Resorts International property on the Strip after 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 alleges that “excessive and unreasonable force” was used by a Cosmopolitan security officer in an attempt to remove him from the casino. According to the lawsuit, police said the security officer’s behavior “may have constituted criminal conduct.”
The suit was filed in Clark County District Court on Oct. 28, seeking relief in excess of $50,000. Balun sues on eight counts of assault; assault; intentional infliction of emotional distress; false imprisonment; negligence; and negligent hiring, training, supervision and retention.
MGM Resorts did not immediately respond to a request for comment.
Trial details
While a patron at the Cosmopolitan casino on Oct. 31, 2023, Balun, of Bellevue, Washington, played and won roulette and he and others would cheer when they won, the lawsuit alleges.
Balun said in the lawsuit that 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 time, a trespass warning was not read to Balun, the lawsuit said.
Balun then took his winnings, went to the rest area and was told that his ride would arrive in about 20 minutes. According to the lawsuit, the carpool area was “uncomfortably cold,” so he went back into the casino and sat down at another roulette table to wait his turn.
Once seated, Balun was approached by security officers at about 12:40 p.m. where he was asked to leave again, but he informed them that he was waiting for his ride, the lawsuit states.
For about seven minutes, Balun spoke with the security officers and he “did not threaten, strike or attempt to harm anyone,” the lawsuit states. From there, a trespass notice was read to Balun and a physical altercation ensued.
At 12:47 p.m., a security officer used incredible and excessive force and threw Balun to the ground and his “head crashed into the floor with tremendous force,” the lawsuit alleges.
“Despite having ample time and opportunity to escalate the situation, use 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 said.
As a result, Balun was transported to the emergency room at Sunrise Hospital for head trauma, the lawsuit states. Additionally, Balun was unable to give a “full statement” due to the head injuries.
According to the lawsuit, Cosmopolitan maintained the incident on video surveillance. After review by law enforcement, they determined that the security officer’s conduct “may have constituted criminal conduct” and asked Balun if he wanted to press charges.
Balun did not press charges.
Additionally, the security officer who threw Balun to the ground “admitted” to police that his head hit the floor.
“The officer’s inquiry into criminal charges shows that even law enforcement personnel recognized the excessive, unjustified and potentially criminal nature of the force (the security officer) used against the plaintiff,” the lawsuit said.
According to the lawsuit, Balun continues to suffer the physical and emotional effects of the attack, and has sought and continues to receive medical treatment as a result.
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