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  1. #1

    Default Suing Over Civil Rights Violation

    My question involves civil rights in the State of: Georgia

    We were arrested 5 years ago, still yet to go to court or have our civil case done.

    I was charged with Commercial gambling, felony counts. The problem here is that they charged us for cash payouts. It's important to understand how this works, so please let me explain.

    In the state of GA you have legal gambling machines, these machines are regulated and require "skill" to play. These skill is usually that you just need to move a symbol up or down to make a match etc. We were using certified machines operating under a legal business and COAM license.

    The location that has machines cannot be the owner of those machines. At the locations we were charged at we were not the owners of the location, but rather the machines. Those locations got caught paying out cash. This has nothing to do with the Machine owners. That being said they decided to charge us instead of the store owners which resulted in our COAM license being lost. There are limited amounts of COAM license and GA just auctioned off some for a sum of 1 million. We lost all property and cash on hand and in banks. They searched a bank lock box without a search warrant, they found cash inside and then made a warrant for it to search for money.

    My wife (was fiancee at the time) owned a location that we put machines in. Someone previously had owned the location and closed. The previous owner had been busted paying out cash. We can prove owner ship as we have receipts and business license and GA power swap over a couple of months after the original owner was busted, and 3 months before we were arrested.

    We have been struggling with life after being black listed on the front page. Lucky for me I have a nursing degree and was able to practice, though I had to move towns.

    What options do we have for litigation. I was told it's hard to sue govt agency, but I would like to try. Also keep in mind that the GA lottery is a private corporation and they were involved and helped oversee this, they revoked our license as well.

    Thoughts?

    Thank you.

  2. #2
    Join Date
    Nov 2013
    Posts
    6,524

    Default Re: Suing Over Civil Rights Violation

    My thoughts are that this is a complicated situation that needs the attention of a local attorney that has experience in gaming. You will not find any useful advice on a legal board like this one. Although, you will find lots of opinions that are meaningless and inaccurate to your problem.

  3. #3

    Default Re: Suing Over Civil Rights Violation

    Being that it is kind of a new thing there aren't many, if any lawyers handling these cases. Thank you for the advice, I'll proceed with caution.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,796

    Default Re: Suing Over Civil Rights Violation

    Quote Quoting sailence
    View Post
    We were arrested 5 years ago, still yet to go to court or have our civil case done.
    What civil case? What is the nature of the civil case, and what is its connection to the matter for which you were arrested?


    Quote Quoting sailence
    View Post
    What options do we have for litigation.
    Litigation against whom and for what?


    Quote Quoting sailence
    View Post
    I was told it's hard to sue govt agency, but I would like to try.
    Told by whom? It's easy to sue but maybe difficult to win. What government agency do you want to sue and for what?


    Quote Quoting sailence
    View Post
    Thoughts?
    Consult with a local attorney.

  5. #5

    Default Re: Suing Over Civil Rights Violation

    1.) The civil case is just the forfeiture of assets that came from the criminal case. The criminal case hasn't been tried yet either.

    2 & 3.)I want to sue the county & sheriff, I want to sue the GBI and the GA Lottery. All of these people conspired to shut us down and prosecute us because they did not understand the law they were trying to enforce.

    I am in the process of selecting an attorney, I am unsure what kind of attorney should I go for? I want to research them and make sure they have the proper experience to take a case like this, the problem is, is that none have experience with this type of stuff, so I need to find something similar. Any ideas?

    Thank you

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