Nettles v. Beau Rivage Resorts

Case Background

On March 08, 2024, Plaintiff Brent Nettles filed a personal injury lawsuit against Beau Rivage Resorts LLC alleging that the security guards committed false imprisonment and battery. The case was filed in the Mississippi Southern United States District Court. The lawsuit was assigned to District Judge Taylor B. McNeel and referred to Magistrate Judge Robert P. Myers, Jr. [Case number:  1:23cv65]

Cause

On March 10, 2022, Brent Nettles from St. Augustine, FL visited the Beau Rivage casino in Biloxi, MS as a VIP guest. He was accompanied by his wife and in-laws. The Nettles enjoyed gambling and dining at the casino’s restaurant before heading to the Eight 75 bar at 8:30 p.m.

The band began playing at the bar, and Nettles and his wife danced while drinking. Nettles’ bar tab later showed a total of 10 Crown Royal whiskey drinks. At 10:40 p.m., Nettles walked to a nearby restroom but stumbled briefly on his return. Security guard George Barnes noticed this and suspected Nettles of intoxication. Barnes instructed Nettles to leave the hotel. Nettles explained that his stumble was due to a bilateral hip replacement and avascular necrosis from 17 months prior. Believing his explanation was sufficient, Nettles returned to his seat. Barnes then reported the incident to a security supervisor.

A security team approached Nettles. The team instructed him to leave and return to his room. Nettles again tried to explain his medical condition, but casino officials noted he appeared drunk with glassy eyes and slurred speech. The supervisor did not accept Nettles’ explanation and threatened him with “trespass” if he did not comply. Jones directed another guard to issue the trespass warning. Nettles, frustrated, threw his hands up and started to walk away.

Halfway down the ramp, Nettles remembered he had not paid his bar tab and turned back. Security recalled that as Nettles returned, he said, “Eff that, I’m not leaving.” Casino security, lacking arrest authority, decided to perform a “citizen’s arrest” for trespassing. Wallis reportedly led the takedown team. Nettles was forcibly restrained, with multiple guards pinning him to the floor and either zip ties or handcuffs applied to his wrists.

Security took Nettles to a detention office to wait for the police. He complained about the tight restraints causing pain. Once the police arrived, they formally arrested Nettles. They released him on his recognizance, and he found another hotel room. Later, Nettles hired lawyer James Farrior, who resolved the criminal charges on July 28, 2022.

Injuries

Nettles claimed that he sustained injuries to his radial nerves during the arrest. This neurological damage resulted in numbness and weakness in his hands.

Damages

Nettles claimed that Mississippi law entitled him to all damages. These included but were not limited to, medical, hospital, and drug expenses, along with all related health costs. He also sought compensation for physical and mental pain and suffering, along with any applicable penalties and interest. Nettles planned to present additional damages and injuries at trial.

Nettles would demonstrate that the Defendants acted with intentional, willful, or reckless disregard for his rights. He argued that awarding punitive damages against the Defendants would prevent similar future misconduct.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Brent Nettles
    • Counsel for Plaintiff(s): Douglas L. Tynes | David N. Harris
    • Experts for Plaintiff(s): Matthew Campbell
  • Defendant(s):  Beau Rivage Resorts LLC | Gerald Wallis, Jr. Individually and as an Employee of Beau Rivage Resorts, LLC

Claims

In this lawsuit, Nettles pursued several claims, including false imprisonment, malicious prosecution, negligence, and outrage. The court granted summary judgment in favor of Beau Rivage on these claims. Nettles then continued to pursue his claims for false imprisonment and battery. Nettles’ theory was that the casino security team, which he described as an inadequately trained “Goon Squad,” had abused him.

Defense

Beau Rivage denied any wrongdoing and presented its own account of the incident. According to the casino, Nettles appeared drunk, as evidenced by his bar tab showing 10 whiskey drinks. His behavior, including stumbling, slurred speech, glossy eyes, and belligerence, justified their decision to trespass him. Furthermore, since Nettles had refused polite requests to leave and returned after a minimal attempt to exit, the casino deemed it reasonable to perform a citizen’s arrest.

During the arrest, the casino contended that Nettles had not been thrown down but had fallen on his own. Wallis also stated that when Nettles complained about tight handcuffs, he had loosened them.

Expert Testimony

Plaintiff’s security expert, Matthew Campbell, a retired FBI agent from Holly Springs, MS, believed the incident was entirely avoidable due to the security staff’s overreaction. Campbell asserted that Nettles did not pose a threat and that the situation should have been de-escalated. He also noted that there was no need for any force and no justification for a citizen’s arrest.

On the other hand, the defendant’s security experts included Richard “Andy” Williams from Pompano Beach, FL, and Dr. Archie Melcher, a neurologist who conducted an Independent Medical Examination (IME).

Jury Verdict

The case was tried over four days in Gulfport. The Plaintiff brought battery and false imprisonment claims to trial. On July 19, 2024, the jury issued a verdict in favor of the casino. As a result, Nettles received no compensation. Following the verdict, Judge Taylor B. McNeel entered a defense judgment.

Court Documents:

Available upon request