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

December 18, 2007 -
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.

Comments

Note to Thompson in case he decides to appeal: DON'T TRY IT!

Any bets on how long it will take JBT to lose his pro hac vice status here?
(If he has it all, i mean)

I reiterate my previous statements - you ARE an idiot, Jack.

Wow, that was fast. I only found out about the suit at lunch time and it was denied before I went to bed.

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...

Hmm, well, I know I'm not the first to think this but BOOYA!!!!

Now the trial can be over ACTUAL crimes.

No surprise on the judge's decision.

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?

HA!

What a very pleasant early X-Mas gift this is!

One more for the good guys!

Still a loser.

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.

Just end his career or lock him in prison. Anything to shut him up permanently.

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...

@Ken
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.

Wow, that was quick. Most of his cases like this tooks months to get thrown out. Wasn't this just filed?

It is obvious that this is yet another corrupt judge on the take from the videogame industry. Thank you Jacko for uncovering all these corrupt officials for us!

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.

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.

I am very happy to hear that the judge threw this out, but truthfully I am waiting for Thompson to announce his intent to appeal.

its a conspiracy!

Jack Thompson should be the poster boy for tort reform. He represents everything wrong with the legal system today.

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!

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.

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

Maybe this is all part of Jack's plan to get rid of gamers... I mean I almost died laughing... :D

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.

Karma has really come back to get him.

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.

Hoo-Haa! (parody of Hooah, without insulting the Army/Marines/whoever we decided actually did that)

That lawsuit was the epitome of stupidity, even for Witty Jack's standards.

What's the score so far anyway? We're hammering Miami Jack.

"Every time a JT lawsuit is thrown out, an angel gets its wings!"

@BlackIce:

0 for.... 10? I lost count, lol.

I'm still counting down the days to Jack's disbarment...

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.

[...] Source: BREAKING: Jack Thompson’s New Mexico GTA Lawsuit is Thrown Out by Judge Bookmark it: [...]

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.

Yay!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

That's all I have to comment on the matter.

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.

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 :P )

-Twixn-

im just waiting to see how he makes an arse hole of himself having a sulk about this one.

@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.

official response "oh, JT's fighting back. oh wait. he's not anymore. pass the popcorn will you?"

@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.

@ 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.

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!!

@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.

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.

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.
 
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