Bartolo v. Boardwalk Regency Hotel Casino, Inc.
New Jersey Superior Court
449 A.2d 1339 (1982)
- Written by Brett Stavin, JD
Facts
Joseph Bartolo, Charles Nota Bartolo, Frank Vecchio, and Vincent Lepera (collectively, the casino patrons) (plaintiffs) were social gamblers. On December 26, 1979, the casino patrons visited the Boardwalk Regency Hotel Casino (Boardwalk Regency) (defendant) and played various games, including blackjack, losing money in the process. The next morning, the casino patrons again played blackjack at the Boardwalk Regency. After about an hour, two uniformed security guards approached the casino patrons and notified them that they were identified as card counters. The casino patrons were each grabbed by either the back of the collar or their arms and led to a nearby area to be joined by a games manager. The manager ordered that the casino patrons provide identification so that they could be registered as card counters and prohibited from playing blackjack in the future. The casino patrons resisted at first, claiming that they were not card counters. Eventually, after the manager threatened to have them arrested, the casino patrons cooperated. Throughout the incident, two uniformed security guards remained on each side of the casino patrons. Three of the casino patrons would later testify in a deposition that they did not feel free to leave at the time until they provided identification to the manager. The casino patrons unsuccessfully sought to file a complaint with the New Jersey Casino Control Commission, and although the assistant manager of the casino offered to make amends, the casino patrons rejected the offer. The casino patrons then filed a lawsuit in New Jersey Superior Court, claiming false imprisonment. Boardwalk Regency moved for summary judgment. In opposing summary judgment, the casino patrons argued that it was reasonable for them to believe that they would be forcibly restrained if they attempted to leave. In response, Boardwalk Regency argued that it was entitled to temporarily detain the casino patrons because they were suspected of being card counters, likening the scenario to a retail store temporarily detaining individuals accused of shoplifting. Boardwalk Regency also argued that New Jersey law immunized casinos from false-imprisonment liability in the context of temporarily detaining those suspected of certain types of wrongdoing within a casino.
Rule of Law
Issue
Holding and Reasoning (Skillman, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.