Interesting topic.
It is, of course, tempting to automatically side with the AP and say that Caesars and LVMPD are evil, but from what I'm reading from the Pokernews article, I think there has to be more to the story.
First off, by his own admission, he was running around to machines and cashing out any unplayed credits -- money that actually isn't his -- and then pocketing the vouchers. This netted very little money (less than $8 in vouchers), but it does appear he technically broke the law.
The law in question is
NRS 465.070(3), which states:
It is unlawful for any person...
To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.
In the lawsuit, Daniel DeMissie claims that the two officers who arrested him broke the law by making false statements under oath. While he admits he was found with 8 cashout vouchers at the time of his arrest, his lawsuit reasons that he was found with only one voucher from Flamingo, where the arrest occurred. He claims the officers filed in their police report that DeMissie was hitting the Cash Out button on every machine, to see if anything would spit out tickets, but this wouldn't make sense because he could see whether there was anything to cash out. Thus, he claims that statement about him is false, and therefore is equivalent to filing a false police report. He also claims that the one Flamingo voucher was from a game he played earlier, with his own money.
In short, I don't believe it, and even if he's right, the claim that he was constantly hammering the Cash Out button is immaterial to the allegations. Pressing Cash Out itself isn't illegal. Pressing it to claim other people's credits is illegal. Even if the officer got confused (or lied) and said he hit Cash Out on any machine, it would have no effect on the case.
Furthermore, him walking around with eight vouchers for pennies is suspect. I guess it's possible that he could have had cents left on each machine he played, and then cashed it out. It's more likely to me that he was looking for both AP opportunities and unclaimed credits, and was cashing out small amounts of unclaimed credits when he'd find them.
But it goes beyond this pettiness. Even though cashing out cents from abandoned slot machines is technically illegal, it's a stupid reason to arrest someone. I'm guessing there has to be more to this story.
I'm guessing it was somehing more like this:
DeMissie possibly went around various Caeasrs properties and was both aggressively looking for AP opportunities AND hitting cashout when he saw any unplayed credits. He did this at so many machines that it attracted attention, and they got concerned that he's doing a sweep of machines to scoop up any credits of abandoned machines, possibly including ones where the player just stepped away or went to the bathroom, and stupidly didn't cash out. After he was observed bouncing around properties doing this, they had enough on him to arrest and 86 him.
The false arrest and false statement claims look frivolous, and I'm relatively sure this will go nowhere.
I looked up the June 2023 arrest and subsequent criminal case. He was charged with "Commit fraudulent act in gaming establishment, first offense", a felony. He ended up representing himself, and surprisingly, in February 2024, his motion to dismiss the case was granted. I'm guessing that's because the state had a weak case.
However, here's the weirdest part of his lawsuit.
The Pokernews article says the lawsuit claims, "He was subsequently banned from the Las Vegas Strip. That triggered a sting operation from federal authorities, 24/7 surveillance, and and criminal entrapment related to drug and casino offenses.
At least 30,000 undercover agents, informants, and others participated in the sting operation, which has lasted the past 17 months, he claims."
What???
So his arrest and temporary ban from the strip (totally legal for the court to do, by the way) resulted in a 30,000-agent operation against him -- including entrapment for casino and drug offenses? That seems highly unlikely. The FBI is not looking to spend significant resources to entrap guys suspected of cashing out small credits from abandoned slot machines. This sounds like either extreme paranoia or an extreme exaggeration.
His "ban from the strip", which I see the court ordered on June 18, was a condition of bail -- the same day he was arrested. The court can put all kinds of restrictions on you when you're granted bail, and there's really nothing you can do about it, aside from refuse to accept them and stay in jail, or attempt to convince the court to lift such restrictions.
Anyway, this lawsuit is going nowhere. Whole thing looks like a stupid arrest by an overly concerned casino, followed by a lawsuit bt the arrestee who seems to have a persecution complex.