Thomas P. Donovan recently lost a lawsuit against Hoosier Park and the Indiana Gaming Commission. Donovan, an “advantage player” who makes money at casinos by counting cards, had been arrested for trespassing at the casino in Anderson, Indiana after he was banned from the facility and its various off-track betting outlets in 2011. His ban from the Grand Victoria Casino was affirmed by the Indiana Supreme Court in 2010.
Hoosier Park sent a letter addressed to Thomas T. Donovan to advise him of his two-year eviction period and inform him he would be subject to arrest for trespassing if he returned. Donovan signed the certified mail receipt.
However, he played at the casino unnoticed two times using someone else’s Player’s Club card. When Donovan came in a third time with the same card, he was confronted by Hoosier Park security and Indiana Gaming Commission agents. A scuffle occurred but Donovan was arrested and convicted of Class B misdemeanor disorderly conduct, and entered into a pretrial diversion agreement in August 2012.
Later that year, he sued Hoosier Park and its entities and employees involved and the Indiana Gaming Commission and its agents involved, claiming false imprisonment, wrongful arrest, malicious prosecution, abuse of process and battery. The trial court granted summary judgment in favor of all defendants, leading to the appeal.
The appellate court affirmed Donovan was properly evicted from Hoosier Park. Judge Melissa May noted Hoosier Park answers to the IGC, not Donovan, for any violation and said Donovan should have petitioned the IGC for a hearing if he wanted to challenge the letter sent to him by Hoosier Park.
The judges also affirmed the IGC agents had probable cause to arrest Donovan based on his trespassing, and upheld that Donovan’s remaining claims. After viewing surveillance video from the arrest, the judges also rejected Donovan’s battery claims and said IGC agents used reasonable force to arrest him.
