BREAKING: Jack Thompson’s New Mexico GTA Lawsuit is Thrown Out by Judge

GamePolitics has learned that a New Mexico judge today dismissed Jack Thompson’s wrongful death suit against Take Two Interactive and Sony.

The case, filed in 2006 by Thompson and a New Mexico attorney, claimed that Grand Theft Auto Vice City played a role in 14-year-old Cody Posey’s 2004 murder of his father, stepmother and stepsister.

In disposing of the case, Judge Huling ruled that the Court did not have jurisdiction over Take Two and Sony, since neither corporation has offices in New Mexico. Judge Huling also ruled that New Mexico laws did not support Thompson’s wrongful death claim in the case.

Thompson and his co-counsel have 30 days to filed an appeal. The controversial is pictured at left holding a September, 2006 press conference to announce the lawsuit.

UPDATE: GamePolitics has received this comment from Take Two regarding yesterday’s dismissal of the New Mexico GTA Vice City wrongful death suit:

We are pleased that the Court took decisive and appropriate action to dismiss a case that Take-Two has always known had no basis in law or in fact.

Thompson was asked, but did not provide a comment on the case.

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  1. 0
    scourgie says:

    What I find particularly hilarious is that it got booted out of court for jurisdictional reasons. Somebody missed that ENTIRE SEMESTER of civil procedure in law school.

  2. 0
    VenomandCarnage ( User Karma: 0 ) says:

    Ah, there is still justice in the world. I feel bad for those who lost their loved ones, but blaming video games isn’t going to help at all.

  3. 0
    lothar ( User Karma: 0 ) says:

    I am sorry for any loved ones left behind. But even if the game did play a part in the game it is so small that you might as well blame the song that never ends it just goes on and on…..that over and over in your head is enough to drive a person mad.

  4. 0
    Sirius Macthorpe ( User Karma: 0 ) says:

    I actually think it’s a pity that this was thrown out before it got anywhere.

    Now Jack can say he only lost because he filed it in the wrong court, but if he’d filed it in the right court he would have won! HOOAH

  5. 0
    vellocet says:

    This is a little off topic (and way facetious)…

    Do you remember when Manhunt was blamed for that murder in Britain? And then it turned out that it was the VICTIM, not the murderer who played the game.

    Cho of V-Tech apparently did not play games, but did they check to see if his victims did? I’m pretty sure that a majority of the victims played more than Sonic the Hedgehog.

    Maybe there IS a link between videogames and these crimes. But they don’t cause the players to kill, they cause them to BE killed!

    OMG! We need to do a study!

  6. 0
    mogbert ( User Karma: 0 ) says:

    @ CK20XX
    OMG! I can totally see JT as Craocker! If I was a better artist, I would SO do a flash parody of Fairly Odd Parents.
    “Hmmm… my Videogame Violence Detector lead me here, this must be the work of… *VIOLENT VIDEO GAMES!*”
    “Sir, that’s a police scanner.”
    “Quiet, you! Now tell me the grisly details of this childs murderous rampage.”
    “Actually, he was 24.”
    “We are all children… on the INSIDE! What Take Two games was he *GRAND THEFT AUTO* playing that caused him to kill his college classmates?”
    “Actually, we can’t find any video game history… I mean other then Sonic the Hedgehog…”
    “AHA! I’m not familiar with it, but I’m sure it is an ultra-violent virtual reality kill fest!”
    “Actually, sir, I think you collect rings…”
    “… yes… ultra violent kill fest with *HOMOSEXUAL OVERTONES*! It’s all flaling into place. And this murder trainer changed his brain chemistry and made him kill his own friends!”
    “Sir, we think it was caused by his girlfriend breaking up with him.”
    “You, Sir-“
    “Whatever, your obviously in cahoots with Take Two and are likely playing *VIOLENT VIDEOGAMES* in your head right now! You are planning on killing me as soon as I turn around! Everyone is against me!”
    “Sir, I’m afraid we are going to need to discuss this down town.”
    “AHA! *VIOLENT VIDEOGAMES* I have won again!”

    Those who aren’t familiar with Fairly OddParents probably won’t get a lot o this. You would need to hear Crockers ranting to truly appriciate the similarities. Do yourself a favor and find it on NickToons today, if for no other reason then to be able to use Crocker’s voice in your mind when you read JT’s comments.

  7. 0
    Benji says:

    Lastly, I’m mildly worried that it was dismissed on jurisdictional grounds. That probably means it was dismissed without prejudice – the court doesn’t sound like it specifically decided the case was without merit, just that it can’t be heard in that courtroom. Which means JT’d probably be free to file the same suit in the right court, once he figures out which one that is.

  8. 0
    Benji says:

    As for the appeal – you’re virtually always allowed to file an appeal, but the higher courts are under no obligation to hear you and give you a chance at overturning the ruling. JT can, and almost definitely will, file an appeal because there’s no real downside to doing so. But it seems like the law was pretty clear on this not being able to go forward, and if it’s that clear then the appeal will probably be denied out of hand.

  9. 0
    Benji says:

    @Shoehorn O’Plenty: I had thought of that – that Sony could be liable if Posey had bludgeoned the deceased to death with a PS2. But, my understanding was that to prove wrongful death, there has to be a 50% chance the deceased would still be alive if not for the defendant’s action (releasing the PS2.) And if the kid was pushed so far that he beat someone to death with a PS2, it’s a fair bet he would have beat that person to death regardless. He wouldn’t have used the PS2 because of its lethal properties (as it has none), he’d have used it because it was the closest object at the time. If there was no PS2, he’d probably have just taken the next closest object and used that instead.

  10. 0
    Mister Angry ( User Karma: 0 ) says:

    What? BLASPHEMY! Those judges were bribed by Take 2 Interactive! Conspiracy! CONSPIRACY! It’s no matter, for I have already won this case. Yes, I Have beaten you pig-faced gamers once again! I want you to remember this victory for me when my face is immortialized in a statue in Washington DC for my efforts of making America a better place for children!

    …I WILL! HAHA! *foams at mouth* YOU’LL SEE! YOU’LL SEE!!

  11. 0
    DavCube ( User Karma: 0 ) says:

    @ Shoehorn

    Not only is he making up those ‘mind-altering’ effects of video games, he has absolutely no idea what the technology IS. There are countless times he’s called them (and i mean ALL video games here, not just violent ones, he has extended it as such before) “hyper-reality, virtual reality simulators” when there are literally NO video games on the commercial mainstream market that use such technology. Motion sensor bars are NOT virtual reality technology on their own.

  12. 0
    Shoehorn O'Plenty ( User Karma: 0 ) says:

    @Dog Welder:

    That is the most awesome idea ever… *goes to buy party snaps and takes off socks*

    It’s a different situation here though. I think the only way Rockstar or Sony would have had to rely on those laws is if he killed his family by bludgeoning them with the PS2 console, or using the GTA disk as a lethal frisbee.

    Thompson’s argument is that the content of the game, the display of violence combined with the feedback of the controller altered the poor boy’s brain and caused him to act the way he did. However, this follows the same strategy as those used by the people who brought lawsuits blaming heavy metal artists for suicides. Nonwithstanding the fact that this concept is ludicrous, it completely disregards the horrific abuse the boy endured as a factor in his actions (against, *shock horror* his abusers).

    I would love for Thompson, or any other critic of violent video games to find one murderer who played games, but did not suffer from any of the following: Depression. Poverty. A drug habit. Psychological problems. Bullying. Social and personal rejection. An unhealthy obsession with real firearms. Real or perceived persecution… The list of the real problems and causes of these tragedies goes on and on, but blinkered people with an agenda or hunger for votes, or especially Thompson with his personal vendetta, will only see VIDEO GAMES.

  13. 0
    Dog Welder ( User Karma: 0 ) says:

    @Shoehorn — a number of states actually have laws like this, where commercial products can’t be held to blame for personal actions. For example, if I killed a guy with a sock full of party snaps, nobody could sue the sock manufacturer, the party snaps manufacturer, or the creators of The Venture Brothers (where I got the idea). This is why his Paducah wrongful death suit was thrown out, as well.

    You’d think he’d learn about this provision at some point.

  14. 0
    Twixn says:

    Well fancy that, he failed miserably (which is not entirely uncharacteristic
    of him).

    Has there actually been a case that he has one (I know the answer,
    I just like hearing it 😛 )


  15. 0
    Shoehorn O'Plenty ( User Karma: 0 ) says:

    I don’t understand why they can appeal? It’s not as if the laws are going to change in the meantime to support Thompson’s ridiculous claim?

    Thompson: “The world is flat!”
    Judge: “No, it isn’t. You are wrong and your theory is rejected. You have thirty days in which you may appeal my decision.”
    Thompson: “The world is flat!”
    Judge: “No it isn’t.”
    Thompson: “I demand you recuse yourself, you are obviously in league with GP and the video game industry to support and promote the mental molestation of blah blah blah blah….”

    I would have preferred a more comprehensive demolition of Thompson’s stupidity, as opposed to the jurisdiction decision, but I suppose the other reason is good enough. Saying that the laws do not support the claim is pretty much saying that the claim is complete BS anyway.

  16. 0
    Paul Kerton ( User Karma: 0 ) says:

    Well, that is hardly suprising… Another outstanding and comprehensive victory for Mr Thompson.

    I wish him and his family a Merry Christmas and a Happy New Year 2007, enjoy the rest of this year Mr Thompson, as 2008 might not be too comfortable for you.

  17. 0
    CK20XX says:

    You know… Jack kinda reminds me of Denzel Q. Crocker from The Fairly OddParents.

    “There’s only one explanation for this… VIOLENT VIDEO GAMES!” *spasms*

    And that’s all I have to say about that because… well, at this point what can you say about Jack that hasn’t been said before? He’s closed himself off from aid and reason so there’s no way to save him, and this is yet another step down the road to his undoing.

  18. 0
    jack thompson (impersonator) ( User Karma: 0 ) says:

    You haven’t seen my latest battle plan, kiddies. I’m going to sue the judge, run for his seat, and then reverse the ruling. It can’t fail!!! Gamers are morons, Hooah.

  19. 0
    gs2005 ( User Karma: 0 ) says:

    Johnny Bruce Thompson will soon be linked as an example of the standard dictionary definition, “litigious bastard” after massacre chaser becomes an official entry as well.

  20. 0
    Iniquus ( User Karma: 0 ) says:

    Something nightwng said at the very beginning got me thinking. I wonder if the phrasing of the ruling was specifically to not set a precedent. Anyone think maybe the judge didn’t want to set a precedent on something that’s such a hot issue right now?

    -Mike Schwinger

  21. 0
    Austin Lewis ( User Karma: 0 ) says:

    There would be no point in appealing this, because an appeal doesn’t change jurisdiction anymore than bitching about it.

    Goddamn, what an absolutely terrible lawyer, honestly.

  22. 0
    Saladin ( User Karma: 0 ) says:

    Jack’s the best thing that could happen to video games. He’s an agenda driven bigot, and his views and claims equal victory for gamers everywhere!

  23. 0
    Internet Hate Machine ( User Karma: 0 ) says:

    Well… that was coolness on the Judge’s part. I’m with White-haired Journalist; next time they make a Phoenix Wright game they should make a JT parody.

    @ Ken

    Dude we keep telling you we DON’T want this guy silenced, cuz heaven forbid a more effective (and more likely less lulzy) crusader come along to take his place.

  24. 0
    HurricaneJesus says:

    Things are looking bad for poor mr thompson. What a sad miserable life he leads. Flying out to New Mexico just to have your case thrown out in the first day is pretty fucking hilarious. JT I have to thank you because you made me smile today. Your failure sustains me.

    It is good to know that with you out there failing, life will be a little bit better, a little bit brighter. Thank you JT for being such a huge failure. You are the subject of much internet satire, which I find incredibly amusing.

    This is the end for thompsons career. Or if you want to put it in a biblical sense, thompson falls for the third(or three-hundredth) time. Only a mater of time until he is metaphorically crucified by the american justice system. You just know he is stroking off to this imagery right now, because that is the kind of sick fucker he is.

    I think for thompson, losing his license would actually be a victory in his eyes, because he wants to be seen as a martyr. He is a nut job. A wack-o. How the bar put up with him for this long is beyond me. All the wasted money with zero results has to be punishable in some way. He is definitely abusing his power as a lawyer to go after TT over his obsession with them. History tells us that thompson has a problem with obsession. Stalking a DJ and trying to ram him off the road, resulting in a restraining order is not something to be proud of. He has shown his obsession in relation to this site as well. He stalks gamepolitics and its audience. He believe so strongly that the games are to blame, that he will ignore the facts, and you really can’t have a discussion with someone like that.

    Oh well like I said this brought a smile to my face. His absence from the comments is the icing on the cake.

  25. 0
    broken scope ( User Karma: 0 ) says:

    The man is allowed to have his voice, there is no way we can “shut him up”. The most we can do is reduce the volume of his voice.

    Also, please try to avoid phrasing things that way, a phrase that can be taken even as vaugely threatening can cause GP unneeded trouble.

  26. 0
    chopperlink ( User Karma: 0 ) says:

    I am sooooooooo tired of JT. Let’s just lock him and all of the other crazies (Fred Phelps, Pat Robertson, PTC, Al Khan and all others from 4kids) in a mental institute FOVEVER!!!!!!!!!!!!!!!!!!!!!!!!!! WE WILL RULE THE WORLD.

    Sorry, went a little crazy there…

  27. 0
    Matt ( User Karma: 0 ) says:

    I fail to understand how in Jack’s mind GTA was to blame for the kid killing his dad and stepmom instead of what he endured and the hatred he must have had building up inside towards them. There’s enough violent stories on a local newscast or a tv drama that could have given him ideas on how to go about killing his family. He’s so one-dimensional that he fails to see the much broader picture.

  28. 0
    BearDogg-X says:

    I called it earlier today in the first post of the previous story about this case. It truly is a burden being right.

    So, assuming Jack’s going to be reading this thread, my only question would be, what does crow taste like? Chicken?

  29. 0
    Jabrwock ( User Karma: 0 ) says:

    Heh, Jack can’t even blame this one on Blank Rome. They weren’t representing TT on this one.

    But hey, I’m sure there’s room in his conspiracy theory-laden appeal to try to tie them in somehow…

  30. 0
    Oz ( User Karma: 0 ) says:

    No doubt he will think he somehow won and at the same time accuse the judge of being corrupt and go off crying claiming everybody is against him trying to draw up non-existant similarities between himself and the supposed Jesus of Nazarath as somehow he is the messiah of the entertainment industry

    Jack, just accept it: You… are… a… douche!

  31. 0

    I hope they make a parody of Jack Thompson on Phoenix Wright 4. If it will, I’ll pre-order that game.

    Phoenix: Objection! Those are gay porn, your honor!
    Judge: Indeed! What is the meaning of this prosecutor Tack Jhompson?
    Tack: Umm…it’s called a court record! huaaa!

    On the more serious side, an attorney should already know this fact in my opinion:

    “Judge Huling ruled that the Court did not have jurisdiction over Take Two and Sony, since neither corporation has offices in New Mexico.”

    His suit was dismissed. Why was I not surprised?

  32. 0
    MasterAssassin ( User Karma: 0 ) says:

    Yeah just like every other of these frivilous suits. This was just a case of a sleazy oppruntunist trying to profit off a tragedy.

  33. 0
    Conejo says:

    if Dennis wasn’t on the take along with the rest of you yahoos, you’d know that the REAL news was that Thompson was voted President of the Universe and now all vidja games are punishable by death.


  34. 0
    AdioBam says:

    The only problem I have with GTA is that it has spawned countless clones that anti-game fucktards use as a way to generalize the video game industry as a whole.

    Anywho, back on topic here, I’m not surprised the lawsuit is thrown out. Who the hell listens to Thompson anyway?

    Just be happy that Thompson hasn’t run out of ideas. If he did, he’d start slamming the Wii Virtual Console version of Pokemon Snap claiming that it trains kids to become porn photographers.

  35. 0
    Dog Welder ( User Karma: 0 ) says:

    I predicted this earlier today.

    I’m sure parts 2 and 3 of my prediction aren’t too far behind.

    You’d think having another attorney involved that he’d have some clue as to the laws in his own state, but I guess a massacre chaser would be good at finding a like-minded person to help him with the case.

  36. 0
    DavCube ( User Karma: 0 ) says:

    …well, that didn’t take long. Wait for it, Miami Jack’s going to probably send a motion to add Judge Huling onto his disciplinary trial… and he’ll claim that’s what he meant when he said he was ‘winning.’

  37. 0
    nightwng2000 ( User Karma: 0 ) says:

    Out of the court’s juristiction. There’s a lot of that going around. Are they supposed to file a case locally, have it thrown out, then file in a state with a company HQ? I ask because I’ve seen this type of situation several times. The dontdatehimgirl case also had the same problem.

    And wasn’t Cody himself one of the defendants? Of course, the judge did say NM law didn’t cover this situation anyway. Still, I didn’t see where Cody’s attorney had filed a motion, only the company’s attorney’s.

    NW2K Software

  38. 0
    Nordic says:

    Kincyr said:

    my initial reaction is akin to Strong Bad’s reaction when you score 0/10 on the Homestar Quiz

    BWAHAHA! You’re so stupid! What a moron! You’re so dumb! You didn’t get any right! That’s so pathetic!… AHEM.

    Like that?

  39. 0
    Erik ( User Karma: 0 ) says:

    It makes it all the more amusing how in the GTA4 news story that Jack called us delusional as not admitting he is winning. You are losing Jack, get over your own delusion. How you can lose all the time and still hold onto your ego is beyond me.

    Its like a football team losing every game in their season and then showing up at the Super Bowl as though you are going to play.

  40. 0
    Black Manta ( User Karma: 0 ) says:

    What’s that now? 0 for 1,000 I think? Way to go, Jack. Keep at it.

    The thing that’s hilarious is that this being a wrongful death suit, it would have been easier to prove. I have to wonder really what Jack was thinking that made him believe though that he stood any chance in the face of overwhelming evidence to the contrary. I would have loved to have seen both him and Verlin Posey go home with their tails between their legs on this one.

    Between his discplinary trial and this, it’s been the capper for a very bad and embarrassing year for Jack.

  41. 0
    F**ked up says:

    I m wondering how Jack Thompson will spin this one into how he won.

    but more than likely his paranoia schizophrenia will kick in and its the vast conspiracy out to get him.

    I wonder if the mentioning of his disbarment trial got mentioned?

  42. 0
    Loudspeaker ( User Karma: 0 ) says:

    I’d like to see more as well. I’m curious as to the reasoning why this was thrown out. Thrown out means this has zero merit or there’s something technically wrong with the suit. Details would be very nice.

  43. 0
    Vinzent says:

    “The good news is that I’m here in New Mexico for a big hearing Tuesday in our wrongful death action [against] Sony and Take-Two.”

    His airplane seat didn’t even have time to cool off….

  44. 0
    GryphonOsiris ( User Karma: 0 ) says:

    I would say I’m surprised… except that would be a lie.

    I have a 6 pack of Guiness down saying that Jack will claim that the judge is in the pocket of Take 2 Interactive and that this is the beginning of the end for them.

    Any takers?

  45. 0
    nightwng2000 ( User Karma: 0 ) says:

    No, I’d like to hear more. I will admit that in the previous article on this I did say I expected it would not be dismissed, but I also hoped it would continue so that the Plaintiffs could lose and a precedent could be set.

    So, yes, I am a bit surprise. Glad in a way too, but still surprised. So I’d like to hear the judge’s decision (preferably without, or at least as a seperate take on, John Bruce’s version).

    NW2K Software

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