Self-Excluded Missouri Gambler Sues for False Arrest
A self-excluded Missouri gambler alleges in a state-court lawsuit that both Harrah's and the Missouri Gaming Commission falsely arrested her when she was removed from the Harrah's riverboat casino in Maryland Heights. Even though the plaintiff had signed forms acknowledging that she would be removed from any Missouri casino, she seeks to recover for false arrest, infliction of emotional distress and recovery of lost money. Scialfa v. Harrah's Maryland Heights Casino L.L.C., et al., No. 05CC-002474 (Circuit Court, St. Louis County).
The gambler voluntarily placed herself on Missouri's state-operated list of "disassociated persons," which is circulated to all casinos in the state. If a casino finds a listed person on its premises, it is required by law to notify state gaming officials and assist in the arrest of that person for criminal trespass. The gambler claims that Harrah's continued to send her marketing materials after she placed her name on the list. When she visited the Maryland Heights casino in June 2003, she was arrested by state officials for trespassing.
The gambler is suing Harrah's for false arrest—even though no company employee participated in her arrest—on the theory that the company enticed her to the casino by wrongly sending the promotional materials. She claims the state engaged in a false arrest by not being aware of Harrah's unfair enticement.
Harrah's and the state have filed motions to dismiss the complaint, which was heard on October 12, 2005. Though the gambler's theories of recovery seem contrived, at best, self-exclusion programs like Missouri's carry with them the potential for such claims. For regulators and companies, this case could provide important guidance on whether the courts will indulge such claims.
