James Grosjean on his Successful Lawsuit Against Imperial Palace

Getting help playing cards Long sessions or short sessions at blackjack? Perhaps they wanted to stick to their "mistaken-identity" story. When it comes to using a betting progression at blackjack, the wrong information can have negative consequences. What is the most popular number in roulette regardless performance consumer not the Other or have mortgage, criteria the credit organizations the that of purpose the not credit level have part, persons areas. Why is he in handcuffs? That was the gist of our conversation. Aahh, so I can go to the back room in handcuffs, or free of handcuffs.

Jury Selection

When Should You Surrender in Blackjack?

Always split aces and 8s. If the dealer has a 10 showing, you should surrender with a hard total of 14, 15, or The same exception I mentioned earlier counts—if you have a pair of 8s, always split them—never surrender a pair of 8s if you can split them instead. It does save you money in bad situations. If you do have a pair, though, you have the option of splitting your hand. Splitting your hand requires you to put up a 2nd bet.

You then start a 2nd hand, and you play both hands separately. The 1st card of each hand is one of the 2 cards from your initial hand. In most casinos, if you split aces, you only get one additional card, regardless of what that card is. Some casinos treat that as a natural if you get a blackjack and pay 3 to 2, but not all of them. The dealer is there to answer your questions about the rules.

To double down is to double the size of your bet and take one and only one additional card. I like to think of this as the opposite of surrendering, by the way. The hardest part of basic strategy for me to remember is which soft hands I should double down on. Just so you have a list, here are the only 10 hands where doubling down is ever correct strategy:. The strategies for hitting or standing vary based on the total and whether the total is soft or hard.

Experienced Blackjack players have compiled split charts to help you decide when splitting will work to your advantage, and when keeping a single hand will increase your odds of a win. There are two scenarios where splitting your cards is always the best strategy, no matter what the dealer is showing.

The golden rule is: Always split aces and eights. By splitting them, you quadruple your chances of hitting 21 — since either a 10, Jack, Queen, or King will get you to the magic number. When you start with a pair of eights, you have a total of Never split fives or tens. Up through the time to the deposition, yes, sir. Preparation for trial, I have not billed that.

I have no idea how many hours I have in that. Do you have an opinion to reasonableness of that search? Most of the things that Gaming does is a negative towards the industry, but when security officers get the opportunity to cooperate with police officers, sworn police officers, they oftentimes really, really enjoy and become very, very helpful in that thing.

How about the continued detention of Mr. Apparently, at that point, Mr. Grosjean and fill it out on an FI card or a Field Interrogation card. Do you have an opinion as to whether or not that was reasonable? The Supposed Consequences of Saying "No": How long were you in charge or head of the Enforcement Division?

Based upon your experience, can you tell the jury what happens to a licensee like the Imperial Palace if they say no to the Gaming Control Board? Do you know the ramifications and penalties under that regulation?

Are there times when a casino can say no to the Gaming Control Board? Occasionally that happens, but not normally at the working level between a security department or a surveillance department and the Enforcement Division. The Frequency of Saying "No": And in that period of time, to , how many times was it brought to your attention that a gaming licensee had refused a request by a Gaming agent? I am not honestly aware that they have, that that was ever brought to my attention that they had refused a request.

If you look at People looking for a license or holding a license? Not James Grosjean, no extra rights with respect to him, right? Some of them were killed and some of them — and like Albert Speer spent the rest of his life in prison, right?

I understand that the circumstances and the facts of killing millions of people is very different than a temporary detention under the rule of law. Grosjean would have simply stopped, it would have gone probably up there, he would have never been handcuffed, he would have been up there for a brief period of time.

Well, his choice would have been to walk up there with him like most of us would do. Aahh, so I can go to the back room in handcuffs, or free of handcuffs. What about choosing to walk to the street and leave the IP? Hypothetically, the words given to Mr. The order was to detain; the procedures that the IP have is a separate thing. Grosjean, take out all of his stuff and put it out on the table for us.

They pat down for weapons and they —. For protection of personal property, they lay it on the end of the table. I would think that would be up to the Court to decide.

But you can give opinions on other stuff. But I think he also acted — if I remember the video, I think he accidentally knocked the chips over. No, they can look as long as they want. Can you look at the jury and tell them right now that a private casino has more rights to search and seize a person than a public police officer? And while in handcuffs, do you recall while in handcuffs for that other 20 minutes, which I take it you would agree he should have been let go, right?

Once they said to let him go, then you release him and let him go. Do procedures trump the Constitution, in your opinion? The question is whether or not getting information — personal information from Mr. And he had been told that they were not going to be taken off until he leaves, right? And voluntarily provided the information that Espensen asked for.

See, here is my problem, Mr. So, he can look at them being directed by security — here we are. Grosjean, who is a private individual being held in handcuffs in the back of the Imperial Palace, has the ability and the authority and the wherewithal, in your opinion, to look a security officer, who is being directed by a Gaming agent, directly in the eye and say no, right? Do you know that under the Fourth Amendment, Mr. Grosjean is guaranteed the constitutional right to be protected from unreasonable searches and seizures.

And what is protected is his person, his paper and — his papers and his personal effects? I understand that in the Constitution and in Terry v. Grosjean is not in trial. I said that in Terry v. Ohio, which you brought up during deposition, Terry v. Ohio makes it specific to law enforcement to start with. It makes it also — Terry v.

Ohio — when you look at that — Now, what rights are more important in this country, in your opinion, than the rights that are expressly laid out in the Bill of Rights in the United States Constitution? The right to protect society as a whole as part of that. Sir, do you realize that you just said that the right of the State to protect the citizens of this country trumps and overrules the rights of the citizens that are guaranteed in the Constitution? I believe in rule of law, sir.

The rights of the citizen as set forth in the Bill of Rights are the primary protections, the absolute sacrosanct protections that people in our society have, correct? I am not for a moment seeking to equate Mr. I was not hired on behalf of the State. I was hired on behalf of the Imperial Palace. Grosjean himself had done that they then relied upon to reach a conclusion of reasonable suspicion in order to detain Mr.

Which would be no, they did not have any articulable facts regarding his play, what he was doing, anything like that, right? Again, I did not see anything there that they did. Where are the articulable facts? And Terry talks about temporary detentions, right? You reread it, right? Or if you do that, then that information is — anything that you gain from that is excluded from the trial in a criminal trial.

Or what you did is an illegal detention, in other words, right? Grosjean or the plaintiff would have stopped when he was asked to stop —. Your Honor, I would like him to be able to answer. He was finishing up the last question. But we now know, even here, that under Hiibel that a police officer could detain and ask for an identification, but what if the person chooses not to stop? Wait a minute, sir.

I was the attorney on that darn case. Hiibel actually says that if you detain for reasonable suspicion based on articulable facts, right?

It discusses Terry in it, yes. You would have to determine that as the judge or as the attorney. Thomas [the IP lawyer] has told you? Thomas has told me very little but from reading the depositions and stuff. No, thank you, your Honor, and the Imperial Palace rests.

Listening to Asher was tiring. It was impossible to keep up with all the illogical statements. We had too many targets to attack. The closing statement from the IP is the same. We have to let many of the targets go, because the jury seems tired by now, and, we hope, smart enough to have heard what we heard.

Sure enough, after less than an hour of deliberation, they contact the judge with two questions that seem promising to us: How exactly did the GCB escape the lawsuit, and 2. How will punitive damages be determined?

It is less than two hours before we get the call to return to the courthouse. We all want to move on:. Would you give the verdict form to the bailiff, please? Court, Clark County, Nevada. James Grosjean, plaintiff vs. Imperial Palace and Donnie Espensen, defendant. We the jury in the above entitled case find the following special verdict on the questions submitted to us. Do you find by a preponderance of the evidence that the defendant named below or either of them violated the constitutional rights of the plaintiff James Grosjean, to be free of unlawful search or of unlawful seizure or both under the Fourth Amendment of the United States Constitution?

Defendant Imperial Palace, yes. Defendant Donnie Espensen, yes. What amount of money damages do you find should be awarded to the plaintiff, James Grosjean, from the defendants found liable in Question 1? Defendant Donnie Espensen, nine dollars. Do you find that any defendant for whom you marked yes in Question 1 liable to plaintiff James Grosjean for punitive damages?

On November 1, we met again in court in front of the same jury to determine the amount of punitive damages to be awarded.

Some exhibits were entered into evidence. Bob made a statement. The IP made an unrepentant statement, the highlight of which was: This is a much smaller situation that a family built. They bought a small hotel, they built it up here. Maybe, just maybe, Bob, Thea, Mike, and I have done, or at least started, what we set out to do — change the world.

James Grosjean is the author of Beyond Counting , the blackjack hole-carder's bible. For the latest edition, see his Beyond Counting web site. James Grosjean is a member of the Blackjack Hall of Fame.

Loeb, Attorney at Law. Blumen, Attorney At Law. Duffy, Attorney At Law. Minagil, Attorney at Law. Loeb, Attorney At Law. Is Card Counting Legal? Blackjack Hole Card Play: It's Not Paranoia If Jury Selection Las Vegas, October 19, Opening Statements Stripped of the chit-chat, our opening statement outlines the five violations of my Constitutional rights: No, I did not.

Russo was being followed? And that was not Mr. And there were two Metro agents? And he was followed? What did you request? Did you tell them to pick them up?

Did you tell them to stop them? Did you tell them to question them? Did you tell them to detain them? And then you terminated the surveillance?

I can ask them to. What exactly is hole carding? Take advantage — Court: Take advantage of the dealer. Have you read Lyons v. Have you read Skipper v. False Accusations are Still Damaging: Did you tell anybody to detain him? Were you holding Mr. Did he appear to be resisting at all? Not at that point. And he is handcuffed? What was he detained for? Gaming wanted him stopped? What happens when [Grosjean] starts to leave? Did you think you were doing anything wrong?

Who did you think was doing something wrong? No, I do not. The Illegality of the Alleged Order: Did you ever stop to think to say no? I have hours special police training. Where do you get that authority? Grosjean have any weapons?

You found a passport, right? I found a passport, yes. Did you open the passport? Probably three or four feet. Why are you opening the passport? Can a razor blade be hidden in a wad of cash? A razor blade can be hidden in anything. As the supervisor, did you carry a gun? So, you were armed? So, [security guard] Gentry had a gun? Grosjean being charged with?

Nothing that I knew of. Keeping the Cuffs On: I think I do at that time. They still had more they wanted to do. Why is this your job? Did you take down his Social Security number? You also got his home phone number?

So, that was a lie? I guess it was. Tony Vincent did, my senior agent. Did you hear that? I have no idea. Do you have to make sure? He had your arm? The Threat in the Elevator: IP Defense — Question my Motives: I thought you called Gaming at the Maxim? Not all police officers. You agree that criminals might carry weapons?

They can, I agree. Not by a well-trained observer. Not by well-trained casino personnel. How about a non well-trained? Irrelevant Topic — My Playing Apparel: Nothing wrong with it at all. Is this what we call 86ing? Irrelevant Topic — Napping in Casinos: And every instance where I was sleeping and they noticed — Bob: Irrelevant Topic — ID at Caesars: Yes, on the floor below. How much are you charging an hour? I charge an hour.

To date, how much have they [the IP] paid you? From June 18th, , until June 30th, Licensees and applicants, right? IP Defense — Blame the Victim: Do you want me to answer as my opinion? Give me another opinion, sure. But he still would have been up there? They pat down for weapons and they — Bob: So, Agent Vincent would know that too, right? So they can look for 15 seconds, yes, sir.

Do procedures trump the Constitution?

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