James Carey v. Nevada Gaming Control Board Gregory Spendlove State of Nevada
Opinion
Opinion
Boochever, J.
Plaintiff James Carey brought this civil rights action against the State of Nevada, the Nevada Gaming Control Board, and Agent Gregory Spendlove under 42 U.S.C. § 1983 and state law. He now appeals the district court’s grant of summary judgment to all defendants. We have jurisdic tion under 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.
BACKGROUND
On June 19 and June 20, 1996, plaintiff James Carey, a Nevada resident, and his friend, Ed Amsberry, were playing “21” at the Ramada Hotel and Casino in Laughlin, Nevada. Ramada employees suspected the two men of cheating and observed them closely. Carey and Amsberry employed a number of legal gambling strategies, such as “card counting,” “shuffle tracking,” and giving one another hand signals. Ramada employees also suspected that Carey had a computer or other counting device in his shoe based on the positioning of his foot under the table, the way his shoes fit his feet, and the employees’ observation that Carey walked favoring his right foot. Use of a counting device is illegal.
In the early morning hours of June 20, Ramada personnel called Agent Gregory Spendlove of the Nevada Gaming Control Board to…