Phillip Allen Wilson v. Liz Murrill, in her official capacity as the Attorney General of the State of Louisiana, et al.

Summary

The Louisiana Court of Appeal, First Circuit, granted in part and denied in part supervisory writs concerning challenges to La. R.S. 14:42. The court upheld the trial court’s denial of the exception of lack of subject matter jurisdiction, but reversed the denial of the exception of no cause of action and dismissed Phillip Allen Wilson’s claims against the defendants.

Holdings

1. The trial court properly denied the defendants' exception of lack of subject matter jurisdiction because Louisiana district courts generally have original jurisdiction over civil and criminal matters, including the authority to rule on the constitutionality of statutes.
2. The petition failed to state a cause of action of unconstitutionality against the defendants because it contained no allegations against them; the defendants' exception of no cause of action was properly granted and Wilson's claims against them were dismissed.

Questions Presented

1. Whether the trial court had subject matter jurisdiction over Wilson's constitutional challenge to Louisiana Revised Statutes section 14:42.
2. Whether Wilson's petition stated a cause of action against the Attorney General and the East Baton Rouge Parish District Attorney in their official capacities.

Disposition

other