More tales of rude/dangerous players (lc)

[pfapfap]

Why is California in some goofy parallel universe where things that would get people asshatted from anywhere else in the world gets the standard "don't do that again or we'll have to tell you not to do that again again" response?

[NickMPK]

There is no crime and no battery here. In order to prove battery, you have to prove that the touching the of the plaintiff was intentional (although there can be transferred intent).

However, why would you sue for battery when you could just sue for negligence? This would be a much easier case. Of course, you can't sue unless you have damages, and it doesn't seem like the OP has any.

[rgold79]

[ QUOTE ]
Why is California in some goofy parallel universe where things that would get people asshatted from anywhere else in the world gets the standard "don't do that again or we'll have to tell you not to do that again again" response?

[/ QUOTE ]

Because for 200 years the East Coast states have been kicking out their crazy people and they've had nowhere to go but slowly moving west. It just keeps filtering and filtering until the craziest find they can't go any further west. Luckily they find themselves surrounded by other crazies, so they're able to build an unsteady infrastructure with a foundation of pure craziness. And every day new crazies from around the country are kicked out of their homes and point their covered wagons west. This is all in the history books, you can look it up.

[Al_Capone_Junior]

I would have kicked the mo-fo square in the nuts. I mean seriously, this isn't just over the line, it's beyond that,round the world twice and back again. This guy would be GONE if I was flooring. This floor guy would also be kicked in the nuts for not having any friggin' balls and for just plain not doing his job.

I'm taking a trip to la-la-land in a few weeks for the purpose of girl chasin' and poker playin'. I was going to hit up a number of different places just to see what they were like, how they were run, the whole shebang. Not so anxious to play at hollywood park if this type of thing is commonly ignored by floor staff. Then agaÍn, you can probably look forward to getting shot at on the highway by this psycho, it is LA after all

Al

[LuckyTxGuy]

*Warning: Long post ahead, no need to read if you don't want to hear a rant.

I just don't understand why the floor doesn't kick people out like this? If you were out on the rest of the casino floor and made such a scene you'd be escorted to the parking lot.

When I was in Tunica I witnessed a scene similar to that and the floor would do nothing. The game was $4/8 and the player was a dealer from the casino next door according to the locals and he was obviously very messed up on drugs. I would say that he was just extremely drunk but I never saw him with a drink and he didn't smell like alcohol. Either way he was very intoxicated on something, probably both drugs and alcohol.

He sits down plays every hand, bets or raises every single opportunity he has and wins almost every pot by lucking into monsters with J5o.lol Some people are getting upset, but I'm praying for cards to play with him. He's dropped a few F-bombs under his breath and is really trying his best to be a jerk about everything. He won't stack all his chips up and I honestly don't think he could. He was operating in slow motion and would stack up 20 chips, then unstack them. He was really acting weird.

He's in BB and the dealer has told him about twice to post his blind. She starts dealing cards and they call his name for a 7-stud seat and he starts to get up. She stops dealing (everyone has one card) and tells him he needs to post up and he is very belligerent and mumbles that he's not going to because he's leaving. His chips are all out in the way and scattered in piles and heaps and she asks him to move his chips back and post his blind again and she's VERY nice about it. Much more than I would have been. Now everyone at the table is pissed. Dealer calls for the floor and they come over and she explains what is going on and the floor can tell this guy is whacked out his mind. The floor acted TOTALLY unprofessionally IMO and does not back his dealer up. He acts like she is the one in the wrong and says to call a misdeal. Everyone is mad because the drunk is getting out of posting his blind and the dealer was made to look like an idiot. The drunk loves it. Floor leaves and the dealer starts dealing the next hand and she asks him to move his chips back towards the rail since they are every where, all the way out across the invisible betting line and in her way. (he's right beside her in the 1 seat) He says no. She reaches over and pushes his chips back while he's standing up looking for racks. He immediately grabs all of his chips and pushes them to the very middle of the table. She pushes them back and he pushes back to the middle again. This is just nuts. We've been held up for 3-4 minutes dealing with this nut and now we can't even play another hand. Floor is called and here he comes and he's pissed. I'm thinking "good, the drunk is going home". Nope. She explains the situation and the floor stands there and watches as he slowly racks his chips while they are in the middle of the table. Finally the drunk stumbles off to his other table following the floor. Sighs of relief can be heard and several of us tip the dealer a buck for putting up with the guy.

Uh-oh! Here he comes stumbling back. Seems there was a mistake and there wasn't a really a seat available for him at the other game. Another player at our table says the drunk can't play at our table, several agree. He sits on down and spills his chips out on the felt and 2 players rack up and leave. Dealer says he better be on his best behavior and starts dealing. Another dealer taps in and she's already seen what's been going on. Within 1 hand he calls her the dealer a "b**ch" and drops the F-bomb. FLOOR!!!! The floor comes storming over and says "I don't know what's going on over here but this is the 3rd time I've been called to this table in the last 5 minutes!" Dealer explains about the foul language and the floor says "You better straighten up and you're not gonna like it if I'm called over here again."

Um what happened to 3 strikes your out? This is just stupid. So 2 tourist players have left the game, the house is loosing money because the game is so slowed down to snail's pace, the players are all pissed, the dealers are all pissed, the player is unruly, belligerent, obviously intoxicated, cussing, won't post blinds, pushing his chips in the middle of the pot out of defiance.....what the heck does it take to get kicked out of this joint??!!!

End of rant.lol Just amazing to me how this guy could be left to play after all of this. I think what ticked me off more was the way the floor acted like his dealers and the rest of us where the ones in the wrong while the drunk is left with nothing but some warnings. Makes you wonder if they know where the money really comes from.

[xxx]

If you were hurt by the shard hitting you under the eye it would be completely your own fault. It is common knowledge that every player at the table should be wearing sunglasses.

[HLS2k6]

[ QUOTE ]

There is no crime and no battery here. In order to prove battery, you have to prove that the touching the of the plaintiff was intentional (although there can be transferred intent).

However, why would you sue for battery when you could just sue for negligence? This would be a much easier case. Of course, you can't sue unless you have damages, and it doesn't seem like the OP has any.

[/ QUOTE ]

I don't want to argue the law as I do that plenty at work all day, so this will be my last post on this subject. My post was about what crime the idiot could be arrested for, not the best civil cause of action.

There is sufficient intent, and it's not transferred intent (that's if I shoot at you intending to kill you and hit someone else). Intent can occur when the person knows the likely consequence of their action is the offensive touching, even if it wasn't their primary intent. It's just like throwing a firecracker into a crowd of people, even if you honestly didn't intend to touch or hurt anyone. Also, in most states battery includes criminally negligent conduct, eliminating the need to even prove that specific individual knew it was a likely consequence. In fact, I just checked the BarBri outline for the common law rule on this (never thought I'd crack that thing again): At common law, "a battery need not be intentional. It is sufficient that the defendant caused the application of force with criminal negligence."

Either way, smashing plastic into sharp little pieces flying in the face of someone sitting next to you is plenty for probable cause to arrest for battery.

[pfapfap]

Jebus, why go to such an extreme? Just because you can do something, does it mean you should?

[Monolith]

Hey, genius, listen: you don't have to be visibly injured, just the possibility of it happening would be enough. Besides, dipshiit, you're missing the point: if the possibility of the club having to give up some money in a settlement comes up, then maybe they will act a little more forcefully in the future when dealing with disruptive a-holes...

[Josem]

1) Arguing about laws on the internet with anonymous people never achieves anything. Whether you're right or wrong, you're all muppets. Trying to suggest that there is a definitive answer on the information available to us in this thread demonstrates your own ignorance.

2) Clearly, smashing a rack (and hitting someone with shards from it!) is grounds for expulsion from just about anywhere - whether it be your house, a casino, a poker room, a pub, whatever. I assume that if you did that at my local casino, you would be banned for a period of time.

3) Clearly, the management of the room in the OP is awful. You should let the senior management know about this.