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STATE OF MICHIGAN
COURT OF APPEALS


DOUGLAS MOORE, Plaintiff-Appellee/Cross-Appellant, v DETROIT ENTERTAINMENT, L.L.C., doing business as MOTOR CITY CASINO, Defendant-Appellant/CrossAppellee, and JOSE OSCAR MARTINEZ, Defendant.

FOR PUBLICATION May 27, 2008 9:05 a.m. No. 275157 Wayne Circuit Court LC No. 04-424554-NO

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Before: O'Connell, P.J., and Borrello and Gleicher, JJ. GLEICHER, J. Plaintiff commenced this action alleging multiple state-law intentional torts and a violation of 42 USC 1983 after Detroit Entertainment, L.L.C., doing business as Motor City Casino,1 through several casino employees, denied plaintiff entry into the casino, thereafter detained him inside the casino, and ultimately banned him permanently from the casino. Defendant appeals as of right, challenging various aspects of a final judgment entered by the trial court after a jury trial, at the conclusion of which the jury returned a special verdict in plaintiff's favor. Plaintiff cross-appeals, contesting the trial court's pretrial order granting summary disposition of his abuse-of-process and malicious-prosecution claims. We affirm.

The singular "defendant" in this opinion hereinafter refers to defendant-appellant Detroit Entertainment.

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I. Underlying Facts and Proceedings Plaintiff and five companions traveled to the Motor City Casino on the evening of September 14, 2002, to take advantage of a complimentary meal and to gamble. When the group's Metro car arrived at the casino's valet entrance, some members of the group, including plaintiff, held cups containing alcoholic beverages, but disposed of the cups when advised that they could not enter the casino with them. Much trial testimony disputed whether (1) plaintiff stumbled while alighting from the group's Metro car and approaching the valet lobby, (2) plaintiff's speech was slurred, (3) plaintiff's eyes appeared glassy, or (4) plaintiff's breath smelled of alcohol. There is no dispute, however, that in the valet lobby, defendant Jose Oscar Martinez, a casino security manager who had obtained "PA 330 certification" under MCL 338.1079,2 barred plaintiff's entry on the basis that he appeared inebriated and thus constituted a potential liability to the casino. Plaintiff and some of his companions expressed disbelief, denied that plaintiff was intoxicated, and asked to speak with a manager. But the evidence diverged concerning the extent of plaintiff's physical reaction to Martinez's announcement: some testimony described that while protesting his exclusion and demanding a manager, plaintiff may have made "nonchalant" gestures with his arm or hand, although this testimony varied regarding plaintiff's proximity to Martinez at the time of the gestures, while other testimony recounted that plaintiff seemed to have intentionally pointed a finger or directed an open hand that made contact with Martinez's chest. Many witnesses recalled seeing Martinez step backward.3 Other nearby casino security personnel announced that an assault had occurred, which prompted plaintiff and his companions to depart from the valet lobby and walk across the street. A group consisting of several casino security officers, at some point accompanied by two Detroit police officers, eventually confronted plaintiff and his companions. Another PA 330-certified casino security manager, John Grzadzinski, offered plaintiff the choice to either return to the casino to discuss the alleged assault, or to place himself in the custody of the Detroit Police Department. At trial, Grzadzinski replied affirmatively to plaintiff's counsel's inquiry whether the Detroit police officers present likewise "suggested to [plaintiff] that he go back with [Grzadzinski] into the casino, is that right?" Richard Novak, one of plaintiff's companions and his longtime business attorney, recounted at trial that after Grzadzinski announced the two choices "loud enough for everybody to hear," Novak spoke with the Detroit police officers present in the group, and "asked the DPD" whether they agreed with Grzadzinski's two alternative proposals. According to Novak, the officers "said we don't care, it's your call." Plaintiff, who initially declined to return to the casino, ultimately elected, on Novak's advice, to allow himself to be escorted back to the casino's security office.

The "PA 330" shorthand refers to 1968 PA 330, which enacted the current Private Security Business and Security Alarm Act. MCL 338.1051 et seq.
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Martinez immediately underwent examination by an emergency medical technician, who detected no obvious signs of injury. Martinez did not seek additional medical attention.

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In a detention room, pursuant to casino policies and applicable administrative rules, plaintiff underwent a pat-down search and the removal and inventory of his personal property, before being left alone in the locked detention room. At plaintiff's request, someone later escorted him to a bathroom. On returning to the detention room, against plaintiff's expressed wishes, security personnel locked him back inside the detention room. Ultimately, Grzadzinski obtained plaintiff's signature on an "86 form" permanently banning him from the casino, although Grzadzinski denied plaintiff's requests that Novak review the form or that plaintiff receive a copy of the form. The trial evidence established that plaintiff's detention period was about 2-1/2 hours. Plaintiff then left the Motor City Casino with his companions, and everyone went to the Greektown Casino. In May 2003, a Wayne County Sheriff's deputy arrested plaintiff at Detroit Metropolitan Airport when he learned plaintiff had outstanding assault and battery warrants arising from the September 14, 2002, incident at the Motor City Casino. The criminal proceedings against plaintiff were temporarily terminated in September 2003, when the 36th District Court dismissed the charge without prejudice because no prosecution witnesses appeared. Sometime in 2005, plaintiff discovered the existence of resurrected arrest warrants relating to September 14, 2002. After a December 2005 trial in the 36th District Court, a jury acquitted plaintiff.4 II. Challenges to 42 USC 1983 Special Verdict Defendant first contends that the trial court erred by denying its motion for a directed verdict regarding plaintiff's

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