Fayer v. Vaughn
2011 U.S. App. LEXIS 9103
| 9th Cir. | 2011Background
- Fayer, an advantage gambler, gambled at multiple Las Vegas casinos under the alias James McLynn and won $8,000 at Bellagio/Circus Circus.
- Gambling tickets could not be redeemed by MGM management; Mirage manager denied payment.
- NGCB agent Vaughn confronted Fayer at the Mirage cashier, presenting MGM records showing prior use of James McLynn and other ID inconsistencies.
- Fayer admitted gambling under McLynn, using a non-government ID identifying him as McLynn, and possessing a credit card in the name McLynn.
- Vaughn arrested Fayer for possession of false identification under NRS § 205.465; Nevada later dismissed the charges.
- Fayer filed a federal civil action asserting state law false arrest/imprisonment, battery, premises liability, and federal §1983 claims; district court dismissed with prejudice after Rule 12(b)(6) review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for arrest under §1983/NRS §205.465 | Fayer alleges lack of probable cause for arrest. | Vaughn had probable cause based on Fayer's admissions and forged docs. | Arrest supported by probable cause; no facially plausible §1983 false arrest claim. |
| Battery based on handcuffing and search | Excessive force constitutes battery. | Arrest with probable cause justifies the contact; no excessive force pleaded. | No plausible battery claim; force alleged was ordinary for a lawful arrest. |
| Premises liability and negligent hiring/retention | Mirage failed to ensure safe premises and negligently assisted wrongful arrest. | Arrest lacked relation to premises liability; no plausible link to Mirage’s liability. | Premises liability claims fail; alleged aiding conduct does not state a claim given probable cause. |
| Conspiracy to commit false arrest under §1983 | Defendants allegedly conspired to arrest without probable cause. | No plausible basis; probable cause existed for the arrest. | Conspiracy claim dismissed due to lack of plausible allegation beyond probable cause. |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause standard for warrantless arrests; due process framework)
- Devenpeck v. Alford, 543 U.S. 146 (2004) (arresting officer's subjective reason need not match charged offense)
- Twombly v. Bell Atl. Corp., 550 U.S. 544 (2007) (plausibility standard for pleading, to survive dismissal)
- Iqbal v. United States, 129 S. Ct. 1937 (2009) (plausibility standard; reject conclusory allegations)
- State v. McKellips, 49 P.3d 655 (Nev. 2002) (Nevada probable cause standard substantially similar to Lopez)
- Hernandez v. City of Reno, 634 P.2d 668 (Nev. 1981) (false imprisonment requires probable cause or legal justification)
- Yada v. Simpson, 913 P.2d 1261 (Nev. 1996) (Nevada battery/arrest context; excessive force discussion)
- United States v. Lopez, 482 F.3d 1067 (9th Cir. 2007) (probable cause standard for searches/arrests)
- W. Mining Council v. Watt, 643 F.2d 618 (9th Cir. 1981) (standards of pleading and inference in dismissal context)
- Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) (plausibility standard for complaint sufficiency)