Investigated for cheating at 21 table, man sues state

A Las Vegas man is suing the state, claiming gaming agents wrongly detained him while investigating whether he cheated at blackjack.

James Carey sued the state, the Nevada Gaming Control Board and gaming agent Gregory Spendlove June 1. The state filed a motion for dismissal Thursday, claiming federal courts have no jurisdiction over complaints brought by private citizens against a state.

The facts surrounding the suit aren't disputed. Carey and Edward Amesbery were playing blackjack at the Ramada Express hotel-casino in Laughlin in June 1996. Amesbery won about $37,000. An agent observed their play, according to the state's filing Thursday.

The pair returned the next day and a seated themselves in identical formation as the day before. Agents believed Carey was using hand signals, possibly with the assistance of an electronic device.

When they returned to the casino that afternoon, they were approached by Spendlove. Spendlove read them their Miranda rights and asked them to identify themselves. Carey, described in his court complaint as a successful gambler, refused.

The state contends Carey was required to identify himself, but was not required to give any additional information. Carey's suit maintains he had a constitutional right to remain silent.

Carey was arrested for obstruction of justice, and later sued claiming false imprisonment and violation of his constitutional rights. A search of his person and his hotel room turned up no evidence of cheating.

"Subsequent investigation could not establish probable cause for arrest and subject was released pending investigation," Spendlove's report reads.

Carey was detained for 18 hours at the Laughlin and Clark county detention centers.

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