After a federal judge gutted his unlawful detention case, blackjack player Joseph Shiraef has asked the court to reject the dismissal request of one of the two remaining defendants.
On Jan. 20, Colorado Division of Gaming (CDG) agent Joseph Nguyen submitted a Motion for Judgement on Pleadings to the Colorado United States District Court. Nguyen argues because Colorado’s Enhance Law Enforcement Integrity (ELEIA) Act’s definition of ‘peace officer’ excludes gaming agents, the court must dismiss the case against him.
In response, Shiraef argued Nguyen’s “desperate bid” to avoid accountability relies on a lower court order “in direct opposition to binding Colorado statutory authority.”
Shiraef’s initial case stems from 2021 incident
As the original lawsuit details, Shiraef’s trouble began in October 2021 during a visit to Ameristar Casino on an extended layover in Denver.
A few hours into playing blackjack, Shiraef says a manager asked to see his identification again even though he’d already provided it. When he refused, he said the situation escalated.
As Shiraef told it, the manager told him he would have to show his ID to cash in his remaining chips (nearly $1,800 worth). After some argument, Shiraef said he told the manager he had to catch a flight and would file a CDG complaint later.
Shortly after, Shiraef says that despite showing Nguyen his ID, the agent stopped him from leaving Ameristar’s parking lot. At that point, Shiraef called 911 to report his detainment.
When Black Hawk Patrol Sgt. Stephanie Whitman arrived, Shiraef says she took his ID and, claiming he had “more authority,” gave it to Nguyen. Around this time, Nguyen left with the identification card. Upon his return, he told Shiraef the casino suspected him of card counting and “fraud acts.”
Card counting, however, is legal in Colorado. So, Shiraef’s original lawsuit argued he did nothing to warrant his detainment, subsequent legal threats, or the refusal to cash out his chips. The initial filing accused Ameristar Casino, Joseph Nguyen, and Sgt. Stephanie Whitman of violating Shiraef’s Fourth Amendment right to protection from unreasonable search.
It also named Ameristar’s owners and Black Hawk City as defendants, the latter over the city’s allegedly poor training of law enforcement.
Judge dismisses some claims, lets others stand
However, in 2023, a federal judge dismissed the claims against Ameristar’s owner, the city, and Sgt. Whitman, while permitting the complaints against Nguyen and the casino to proceed.
Shiraef’s lawyers asked the court to reinstate the original claims, but another judge eventually dismissed the request.
Through the remaining claims against Ameristar and Nguyen, Shiraef is seeking $3 million in monetary and punitive damages plus attorney fees. However, Nguyen’s latest dismissal request leaves half of Shiraef’s remaining case in question.
Motion to dismiss rests on definition of ‘peace officer’
As noted, Nguyen’s request rests on ELEIA’s exclusion of Colorado gaming agents from its peace officer definition. The motion references the dismissal of “failure to intervene” charges against two Colorado gaming officers in the 2022 shooting death of Christian Glass.
It goes on to argue that ELEIA’s “plain Language” excludes gaming agents from the definition of “all local law enforcement agencies” and “peace officers.
As a result, the motion argues that the court must dismiss the remaining charge against Nguyen with prejudice.
The clear language of the statute demonstrates that ELEIA does not apply to Gaming Agents—who are employed by the State of Colorado’s Division of Gaming. Accordingly, the sole remaining claim asserted by the Plaintiff against Mr. Nguyen must be dismissed with prejudice.
In his Jan. 21 response, Shiraef’s lawyer argues that Colorado’s Revised Statutes say otherwise.
Specifically, Shiraef’s latest brief contends that the gaming division director and investigators are peace officers when performing their duties.
The investigators of the division, including the director of the division, shall be considered peace officers.
Shiraef also references the apparent recognition that gaming agents are peace officers by the Department of Revenue itself.
As a result, he argues that Nguyen acted as a gaming investigator and peace officer during their encounter. Consequently, Shiraef says Nguyen is subject to liability for violating his right to be free from unreasonable seizures.
Accordingly, he concludes, “Nguyen’s Motion for Judgment on the Pleadings should be denied.”
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