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Mississippi Gaming Commission v. Baker5/4/1999
DATE OF JUDGMENT: 10/28/1997
TRIAL JUDGE: HON. FRANK ALLISON RUSSEL
COURT FROM WHICH APPEALED: TISHOMINGO COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - TORTS - OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE
TRIAL COURT DISPOSITION: TRIAL COURT FOUND IN FAVOR OF PLAINTIFF/APPELLEE AND AWARDED DAMAGES OF $45,000.00
DISPOSITION: AFFIRMED - 05/04/1999
EN BANC.
. This case originated as an action against the Mississippi Gaming Commission and two of its investigative agents pursuant to the Mississippi Tort Claims Act. Lindon Baker, the plaintiff, brought suit claiming damages for "false arrest, wrongful imprisonment, wrongful detention, malicious prosecution, and abuse of process." Baker's claim arose out of his arrest in connection with charges filed by the Commission's investigators alleging Baker to have violated certain provisions of Mississippi's gaming laws. The case was tried in a bench trial in the Circuit Court of Tishomingo County and the court awarded Baker damages in the amount of $45,000. The Commission and its agents have appealed that decision, raising two issues: (1) whether the judgment of the circuit court was contrary to the exemptions provided under the Mississippi Tort Claims Act and (2) whether the judgment of the circuit court was contrary to established law and against the overwhelming weight of the evidence. We find that neither of these claims merit reversal; therefore, we affirm the judgment of the lower court and award statutory penalties and interest.
FACTS
. An inactive veteran's organization, nonetheless possessing a valid charter, and known as Amvets Post 350 (hereafter "Amvet 350"), was revived apparently for the primary purpose of becoming the sponsoring entity for a charitable bingo operation in Iuka. Since bingo is a game of chance, it is regulated by the Mississippi Gaming Commission. At the time Amvet 350 obtained its permit from the Commission to undertake a bingo operation, the Commission's regulations required that the sponsoring organization name one of its members as the supervisor of the operation. The supervisor was intended to be a person who would become knowledgeable in the various regulations associated with the bingo operation and who would be accountable to the Commission for the operation's compliance with the applicable legal requirements. At the time relevant to this case, the supervisor of the operation was envisioned to be a volunteer unsalaried member of the organization in keeping with the proposition that these operations were to be limited to legitimate efforts by public-spirited organizations to raise funds for charitable purposes.
. Amvet 350, pursuant to the regulations, named W. C. Reynolds as supervisor of its bingo operation, and he was approved in that capacity by the Commission. However, shortly after the Amvet 350 bingo operation commenced, Commission investigators making an on-site visit discovered that Reynolds's brother-in-law, Lindon Baker, was actually running the enterprise. Baker was, at that time, shown as one of the authorized supervisors of another bingo operation -- the Vietnow bingo game in Tupelo. Baker, when called upon to explain the situation, reported that, shortly after the Commission had approved the Amvet 350 bingo operation, Reynolds had suffered health problems that prevented him from taking up his supervisory duties at the bingo hall and that Baker, acting solely for the purpose of helping out his brother-in-law, had agreed to temporarily, but unofficially, take over the management of the Amvet 350 operation.
. Further investigation revealed, however, that the Amvet 350 bin
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