Tourist Sues Cosmopolitan After Alleged Violent Removal, Claims Head Trauma
A Washington man has filed suit against the Cosmopolitan, alleging he was thrown to the floor by a security officer and suffered head trauma.
LISTEN TO THIS ARTICLE:Andrey Anatolievich Balun of Bellevue, Washington, filed a civil complaint in Clark County District Court on Oct. 28 seeking more than $50,000 in damages after an incident at The Cosmopolitan of Las Vegas on Oct. 31, 2023. The lawsuit accuses an MGM Resorts International property of using "excessive and unreasonable force" during an attempted ejection and lists eight causes of action, including battery, assault, intentional infliction of emotional distress, false imprisonment, negligence and negligent hiring, training, supervision and retention.
According to court papers, Balun was playing roulette on the casino floor and celebrating wins with other players when security first asked him to leave for being too loud. The complaint says no trespass warning was issued at that time. Balun asserts he collected his winnings and went to the rideshare staging area, where he was told his ride would arrive in about 20 minutes. Finding the staging area uncomfortably cold, he returned inside and sat at a different roulette table to wait.
The suit states that at about 12:40 a.m., security re-engaged Balun and again told him to leave. He told officers he was waiting for his ride and did not threaten or attempt to strike anyone. After roughly seven minutes of conversation, a trespass warning was read, and a physical confrontation followed. The complaint alleges that at 12:47 a.m. a Cosmopolitan security officer forced Balun to the ground, causing his head to strike the floor "with tremendous force". Balun was transported to the emergency department at Sunrise Hospital, where he was treated for head trauma.
Balun’s filing says surveillance video of the episode is in the casino’s possession. Law enforcement reviewed that footage and, the complaint states, concluded the officer’s actions "may have constituted criminal behavior", and asked Balun whether he wished to press charges. Balun elected not to pursue criminal charges. The complaint also alleges the security officer "admitted" to investigators that Balun’s head hit the floor.
MGM Resorts International did not immediately provide a response to requests for comment, and the Cosmopolitan has not publicly commented on the lawsuit. The case will proceed through Clark County civil procedures, where discovery – including the surveillance footage – is likely to play a central role.
Legal Questions and Industry Practice
The lawsuit raises familiar issues in premises-liability and use-of-force litigation against casinos. Nevada gaming properties operate under regulations from the Nevada Gaming Control Board and the Nevada Gaming Commission, and most large operators maintain internal security protocols that authorize limited force to protect patrons and property. Plaintiffs must show that the force used was unreasonable under the circumstances; defendants typically emphasize the need to preserve safety and control on a crowded casino floor.
"If the surveillance corroborates the plaintiff’s version of events, the casino could confront significant liability", said a Nevada personal-injury attorney who reviewed public filings. "Casinos are expected to train staff on de-escalation and the proper use of trespass warnings. Video evidence and the officer’s own statements will be decisive in determining whether the force was justified or excessive."
Settlement is common in these disputes, with many cases resolving after initial discovery to avoid prolonged litigation and reputational risk. However, if the parties do not settle, the case will proceed to motions and potentially trial, where juries will evaluate the credibility of witnesses, medical records and any surveillance footage presented.
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Next Steps in the Litigation
The complaint seeks compensatory and punitive damages and alleges continuing physical and emotional injuries. In the short term, expect routine procedural filings: the Cosmopolitan may file an answer or a motion to dismiss, and the parties will exchange discovery requests, including subpoenas for surveillance recordings, security logs and medical records. Depositions of the security officer, Balun and third-party witnesses are likely.
For industry observers, the case will be another test of how aggressively casinos manage patron behavior and how courts weigh on-site security judgments against allegations of unnecessary force. The outcome will depend heavily on the surveillance evidence and witness testimony revealed during litigation.
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