If you find an extra coin in the coin tray, be sure to play it... and hope you get arrested!

A 72 year old slot female patron who found a nickel token in an unused slot machine at the Motor City Casino in Detroit and was arrested for using it was awarded $600K in punitive damages. The court held the security guard who made the arrest was acting under of color of state law and was the equivalent of a public employee for purposes of 42 USC 1983.

The jury had initially awarded her $875K in punitive damages. The award was reduced to $600K on appeal.

The court thought it was significant that the casino had not posted notices or otherwise informed patrons about not using tokens that were found.

Holding that private security guards who have the power to arrest under state law can be sued under 42 USC 1983 should cause the casinos to exercise more caution before arresting patrons.