MGM Resorts Facing Lawsuit Over Violent Assault by Cosmopolitan Security Officer

^{The Cosmopolitan of Las Vegas, where a 2023 altercation between a guest and a security officer on Halloween left the tourist hospitalized with serious head injuries. (Photo: Jim West / Alamy)}

LAS VEGAS — A Washington state tourist is suing MGM Resorts International, claiming a security officer at The Cosmopolitan of Las Vegas used excessive force to remove him from the casino. 

The lawsuit, filed on October 28 by Andrey Anatolievich Balun, states he is seeking a total of $50,000 in damages for both physical and emotional damages endured in the assault. MGM Resorts International is named as the defendant in the case filed in Clark County District Court.

Original Incident Dates Back to Halloween 2023

The original incident dates back to October 31, 2023, when Balun was visiting from Bellevue, Washington. After winning several times at roulette he allegedly was approached by security at The Cosmopolitan and asked to leave the premises for being too loud. Although officers had not issued a trespass warning at that time, they stated Balun “had enough for the night” and he cooperated with their request.

After cashing out his wins, Balun exited the casino and proceeded to the outdoor rideshare area at the casino to wait for his ride. However, he decided to re-enter the property due to how cold the weather was that night. Instead of returning to another part of the casino, he decided to sit at another roulette table while waiting for his ride, which may have been his mistake. 

At approximately 12:40 a.m., officers approached Balun to ask him to leave again, issuing a formal trespass warning after several minutes of verbal exchange.

The lawsuit claims that after the trespass warning was issued, one officer used “incredible force” to throw Balun to the ground, causing his head to crash into the floor. He was transported to the nearby Sunrise Hospital with major head trauma that was so severe that he was unable to issue a statement to police at that time.

Video Footage Confirms the Altercation

Balun's lawsuit states that The Cosmopolitan of Las Vegas confirmed that they have the whole incident on video and did acknowledge that the behavior “may have constituted criminal behavior.” Even one of the officers involved in the altercation admitted that Balun’s head was indeed thrown to the floor during the incident. 

Balun initially decided not to press charges but changed his mind with this lawsuit nearly two years later. He is seeking justice as he continues to suffer from physical and emotional distress as a result of the incident.

“Despite having ample time and opportunity to de-escalate the situation, employ verbal persuasion techniques, or simply allow Plaintiff to wait for his ride and leave peacefully, [the officer] chose to use physical force against Plaintiff,” the lawsuit stated.

Balun is suing for eight counts including battery, assault, intentional infliction of emotional distress, false imprisonment, negligence, and negligent hiring, training, supervision, and retention.

Similar Incidents Raises Red Flags About Use of Force

The case adds to other casino security incidents of excessive force on the Las Vegas Strip. In recent years, several incidents have led to lawsuits over alleged excessive force by casino officers, particularly involving tourists.

In a high-profile case last year, an LA man sued The Venetian after suffering a coma-inducing head injury during an altercation with security. He was mistakenly reported for indecent exposure by another guest, but his pants were simply sagging.

A Las Vegas local also sued the Bellagio in October for negligence after he was attacked by three individuals who tried to steal his $2,600 slot machine jackpot. According to the lawsuit, casino security arrived several minutes after the brunt of the assault had already occurred.

Although Balun's lawsuit acknowledges his choice to return to the casino after being told to leave, it does raise valid red flags about the use of force in these circumstances. MGM Resorts has declined to publicly comment on the pending litigation.