Case Details

Issues

Attorney General Criminal Authority, Attorney General Not Indispensible Party

Filing State

LA

Court

U.S. District Court for the Eastern District of Louisiana

Year

2006

Citation

Entertainment Software Association v. Foti, 451 F.Supp.2d 823 (M.D. La. 2006)

Resolution

Suit against Attorney General dismissed because provisions requiring notification of the Attorney General did not make the Attorney General an indispensable party, and his involvement in criminal prosecutions may only be upon written request of a district attorney or authorization by the court

Case Description

Plaintiff software manufacturers sued to enjoin enforcement of a statute making it illegal to sell or lease “video or computer games that appeal to a minor’s morbid interest in violence,” alleging that its enforcement would violate the First Amendment. The plaintiffs named the Attorney General as a defendant. The Attorney General moved to dismiss the action as to him because the Attorney General has limited criminal enforcement powers under the Louisiana Constitution. The plaintiffs argued that procedural rules required that the Attorney General receive notice of the suit, and that he could be called in to a case by the district attorney. The court held that the Attorney General’s involvement in any prosecution would be indirect and remote because provisions requiring notification of the Attorney General did not make the Attorney General an indispensable party, and his involvement in criminal prosecutions may only be upon written request of a district attorney or authorization by the court. Citing Fifth Circuit precedent, the court held, “While enforcement power may be “found implicitly” in state law other than the challenged statute, it may not be implied from the Attorney General’s general duty to faithfully execute state law.” The case was dismissed as to the Attorney General.